Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 208: Non-Attendance in Obedience to an Order from Public Servant
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 issued by a legally competent public servant, intentionally omits to attend or departs before it is lawful, shall be punished as follows:
(a) For general non-attendance: 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) For non-attendance in a Court: 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 issued by the 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 Judge, intentionally omits to appear. A has committed the offence defined in this section.
Brief Detail
BNS Section 208 emphasizes the legal obligation of individuals to comply with summonses or orders from public servants, ensuring respect for the judicial process.
Question & Answers
Q1: What are the consequences of not attending a summons from a public servant?
A1: Consequences include simple imprisonment for up to one month or a fine of up to five thousand rupees, or both.
Q2: Are penalties stricter if the summons is related to a Court appearance?
A2: Yes, the penalties increase to up to six months of imprisonment or a fine of up to ten thousand rupees, or both.
Example
Example Scenarios:
(a) A fails to appear before a High Court as ordered by a subpoena, committing an offence under this section.
(b) A neglects to appear before a District Judge as a witness despite a summons, also committing an offence under this section.
Summary
BNS Section 208 enforces accountability for attendance in legal proceedings, thereby upholding the integrity of the judicial system.
