Code – Section 206 BNS
Whoever absconds in order to avoid being served with a summons, notice or
order proceeding from any public servant legally competent, as such public servant, to issue
such summons, notice or order,––
(a) shall be punished with 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) where such summons or notice or order is to attend in person or by agent, or
to produce a document or an electronic record in a Court shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend
to ten thousand rupees, or with both.
Explanation
Section 206 of the Bharatiya Nyaya Sanhita (BNS), 2023, penalizes individuals who deliberately evade receiving legal notices, summons, or any judicial proceedings. The provision ensures that no one can escape legal responsibility by avoiding formal communication from the authorities.
Key Elements of Section 206 BNS
- Absconding or Hiding
- The accused must intentionally avoid appearing before authorities to escape legal action.
- Avoidance of Summons or Legal Notice
- The act must be aimed at dodging official communication, such as a summons, notice, or any other legal proceeding.
- Punishment
- The offense is punishable by imprisonment of up to one month, a fine of up to ₹5,000, or both.
Illustrations
Example 1: Evading a Court Summons
A person involved in a civil dispute refuses to accept a court summons and leaves town to avoid legal proceedings. This constitutes an offense under Section 206 BNS.
Example 2: Hiding to Escape Arrest Notice
An individual accused in a criminal case deliberately hides to avoid receiving an official notice from the police. This act is punishable under Section 206 BNS.
Common Questions and Answers on Section 206 BNS
1. What happens if a person refuses to accept a court summons?
If a person deliberately avoids accepting a summons, they can be punished under Section 206 BNS.
2. Is this offense bailable?
Yes, offenses under Section 206 BNS are generally bailable and non-cognizable, meaning the accused cannot be arrested without a warrant.
3. What is the maximum punishment under this section?
The maximum penalty includes one month of imprisonment, a fine of ₹5,000, or both.
4. Is avoiding police questioning also covered under this section?
No, avoiding police questioning falls under other legal provisions. Section 206 BNS applies only to dodging summons, legal notices, or judicial proceedings.
Conclusion
Section 206 BNS ensures that individuals cannot escape legal obligations by absconding or ignoring summons. It is a crucial provision that helps maintain the integrity of judicial and administrative processes.
For more legal insights, visit ApniLaw today! 🚀
