BNS Section 207

Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or orderor intentionally removes any such summons, notice or order from any place to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,

(a) shall be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five thousand rupees, or with both;
(b) where the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

BNS-207: Preventing Service of Summons or Other Proceedings

Key Points:

1. Purpose of the Law

BNS-207 aims to prevent individuals from evading legal processes by obstructing the service of summons, notices, or orders issued by public servants. This is crucial for maintaining the rule of law and ensuring that individuals comply with legal proceedings.

2. Definitions
 

• Summons: A legal document issued to compel a person to appear in court or respond to a legal action.
   

• Notice: A formal communication regarding legal proceedings or requirements.
   

• Order: A directive issued by a court or public servant requiring action or compliance.
   

• Proclamation: An official announcement regarding legal proceedings, typically made by a public servant.
   

3. Acts Constituting an Offense

The law outlines several actions that constitute an offense:
 

• Preventing Service: Intentionally obstructing the delivery of any legal document to oneself or another person.
   

• Affixing Notices: Hindering the lawful attachment of notices to designated places.
   

• Removing Notices: Taking down or destroying notices that have been legally affixed.
   

• Preventing Proclamations: Obstructing the legal process of making a public proclamation.
   

4. Penalties
 

• General Penalty: For obstructing service or preventing the lawful affixing or making of documents, offenders may face:
   

• Simple imprisonment for up to one month,
   

• A fine of up to five thousand rupees, or
   

• Both.
   

• Severe Penalty: If the summons or order requires personal attendance or document production in court, penalties increase to:
   

• Simple imprisonment for up to six months,
   

• A fine of up to ten thousand rupees, or
   

• Both.
   

5. Legal Competence

The law emphasizes that only actions taken against valid legal documents issued by public servants who are competent to issue them are punishable under this provision.

Looking for information on the Bharatiya Nyaya Sanhita? Check out our exhaustive list of BNS all sections offering in-depth explanations and legal insights for each section.