1. Code
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 order,
or 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,
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, notice, order or proclamation is to attend in person or by agent, or 1 [to produce a document or electronic record 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.
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.
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.
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.
