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INDIAN KANOON SECTION 172 IPC - Indian Penal Code - Absconding to avoid service of summons or other proceeding

  • Description

    Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the summons or notice or order is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.


    Applicable Offences

    1. Absconding to avoid service of summons or other proceeding from a public servant
    Punishment - Simple Imprisonment for 1 Month or Fine or Both
    This is a Bailable, Non-Cognizable offence and triable by Any Magistrate

    2. If summons or notice require attendance in person, etc., in a court of Justice
    Punishment - Simple Imprisonment for 6 Months or Fine or Both
    This is a Bailable, Non-Cognizable offence and triable by Any Magistrate

    This offence in NOT compoundable.


    1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

    2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

    3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

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Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years


Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years


Advocate Harish Malhotra

  District Court
 Experience: 19 years


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