Indian Penal Code (IPC) Section 174. Non-attendance in obedience to an order from public servant.

Indian Penal Code (IPC) S. 174. Non-attendance in obedience to an order from public servant.

174. 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 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,

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 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.

Illustrations

(aA, being legally bound to appear before the [i][High Court] at Calcutta in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.

(bA, being legally bound to appear before a [ii][District Judge], as a witness, in obedience to a summons issued by that [iii][District Judge] intentionally omits to appear. A has committed the offence defined in this section.

 

More details about this Section

Cognizable or not?

Non-cognizable

Whether Bailable?

Bailable

Compoundable or not?

Not compoundable

Triable by whom?

Any Magistrate

 

Indian Penal Code (IPC) – Index of All Sections

 


[i]  Substituted by the A.O. 1950 for “Supreme Court”.

[ii]  Substituted by the A.O. 1950 for “Zila Judge”.

[iii]  Substituted by the A.O. 1950 for “Zila Judge”.

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