Code
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
(a) A, being legally bound to appear before the 1 [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.
(b) A, being legally bound to appear before a 2 [District Judge], as a witness, in obedience to a summons issued by that 1 District Judge intentionally omits to appear. A has committed the offence defined in this section.
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.
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.
Common Questions and Answers
Q: What are the essential elements of the offense under Section 174 IPC?
A: The essential elements are:
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- 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:
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- 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.
