Code – Section 208 BNS
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.
(a) A, being legally bound to appear before a High Court, in obedience to a
subpoena issuing from that Court, intentionally omits to appear. A has committed the
offence defined in this section.
(b) A, being legally bound to appear before a District Judge, as a witness, in
obedience to a summons issued by that District Judge intentionally omits to appear. A
has committed the offence defined in this section.
Explanation
Section 208 of the Bharatiya Nyaya Sanhita (BNS), 2023, penalizes individuals who fail to attend a required legal proceeding or hearing despite a lawful order from a public servant. This section ensures compliance with court orders and administrative directives.
Key Elements of Section 208 BNS
- Legal Obligation to Attend
- If a person is legally required to appear before a public servant at a specific time and place, they must comply.
- Failure to Attend
- Deliberate absence or refusal to follow the order can lead to legal consequences.
- Different Levels of Punishment
- General non-attendance: Up to 1 month imprisonment or ₹5,000 fine.
- Non-attendance in a court proceeding: Up to 6 months imprisonment or ₹10,000 fine.
Illustrations
Example 1: Ignoring a Summons from a Public Authority
A person receives an official summons to appear before a municipal officer for a property dispute hearing but deliberately ignores it. This is punishable under Section 208 BNS.
Example 2: Failing to Appear in Court
A witness in a criminal case is legally required to testify but fails to show up despite being served a court order. This results in a more severe penalty under Section 208 BNS.
Example 3: Disobeying a Police Notice
A shop owner receives a notice from the police to appear for an inquiry regarding an illegal encroachment case but refuses to attend. This is an offense under Section 208 BNS.
Common Questions and Answers on Section 208 BNS
1. What happens if I miss a legal summons?
If you intentionally miss a summons or legal order, you can be fined or imprisoned under Section 208 BNS.
2. Is skipping a court hearing a serious offense?
Yes, failing to appear in court when legally required can result in up to 6 months imprisonment or a ₹10,000 fine.
3. Can I be excused for not attending if I had a valid reason?
Yes, if you have a genuine reason (e.g., medical emergency), the court may excuse your absence. However, it’s best to inform the authorities in advance.
4. What is the difference between Section 207 and Section 208 BNS?
- Section 207 BNS: Punishes those who prevent the service of summons or legal notices.
- Section 208 BNS: Punishes those who fail to attend after receiving a lawful order.
Conclusion
Section 208 BNS ensures that individuals comply with legal orders from public servants and courts. Ignoring such orders can lead to imprisonment, fines, or both. Always ensure you attend any hearing, inquiry, or court proceeding when legally required.
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