IPC Section 173: Preventing Service of Summons or Publication in India

1. Code

Section 173 of the Indian Penal Code (IPC) deals with the offense of preventing the service of summons or publication in India.

2. Explanation

This section states that whoever, intentionally and without lawful excuse, prevents the service of any summons, or the publication of any document, in any legal proceeding, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

3. Illustration

Suppose a person is served with a summons for a court hearing. Knowing this, another individual intentionally hides the summons to prevent the person from appearing in court. This act would fall under Section 173 of the IPC.

4. Common Questions and Answers

What is the purpose of this section?
This section aims to ensure the smooth functioning of legal proceedings by preventing individuals from obstructing the service of legal documents.

What constitutes “lawful excuse”?
This would depend on the specific circumstances. For example, if a person is unable to receive the summons due to illness or disability, it could be considered a lawful excuse.

What are the punishments for violating this section?
The punishment can be imprisonment up to one year, a fine, or both.

Can this section be applied to online publications?
Yes, the section encompasses preventing the publication of any document, including online documents.