BNS Section 208

Section 208 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with non-attendance in obedience to an order from a public servant.

Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,

(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 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.

Illustrations
 

BNS-208: Non-Attendance in Obedience to an Order from Public Servant

Key Points

1. Purpose of the Law

BNS-208 is designed to ensure compliance with legal proceedings by mandating that individuals attend court or other legal settings when summoned by public servants. This provision reinforces the importance of legal accountability.

2. Legal Obligations
 

• Who is Bound: Individuals who are legally required to attend in person or by an agent at a specified time and place due to a summons, notice, order, or proclamation issued by a competent public servant.
   

• Intentional Omission: The law specifically addresses intentional actions where a person deliberately fails to attend or departs before legally permitted.
   

3. Penalties for Non-Compliance
 

• General Penalty:
   

• For failing to appear: Up to one month of simple imprisonment, a fine up to five thousand rupees, or both.
   

• In Court Cases:
   

• For failing to appear when ordered to attend court (in person or by an agent): Up to six months of simple imprisonment, a fine up to ten thousand rupees, or both.
   

4. Illustrations
 

• Example A: An individual who fails to appear in response to a subpoena from a High Court is guilty under this section.
   

• Example B: A witness who neglects to show up for a summons issued by a District Judge is also committing an offense as per this law.

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