IPC Section 174: Non-Attendance in Obedience to Public Servant Order

1. State the code

Section 174 of the Indian Penal Code (IPC) deals with the offense of non-attendance in obedience to a public servant’s order.

2. Explain it

This section states that whoever, being legally bound to attend as a witness or to produce any document or thing in obedience to a summons or other order from any public servant legally competent to issue such summons or order, without lawful excuse, fails to attend or to produce such document or thing, 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.

3. Illustrate it

Suppose a police officer issues a summons to a witness to appear in court for a case. The witness, without any valid excuse, fails to appear in court. In this case, the witness can be charged under Section 174 of IPC.

4. Common Questions and Answers

Q: What are the essential elements of the offense under Section 174 IPC?
A: The essential elements are:

• • There must be a legal obligation to attend as a witness or to produce a document or thing.
  • The summons or order must be issued by a public servant who is legally competent to do so.
  • The person must fail to attend or produce the document or thing without lawful excuse.

Q: What are some examples of lawful excuses for non-attendance?
A: Some examples include:

• • Sickness
  • Accident
  • Prior engagement
  • Threat to personal safety

Q: What is the punishment for the offense under Section 174 IPC?
A: The punishment for this offense is simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.