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, 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 or notice or order is to attend in person or by agent, or to produce a document or electronic record 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.
IPC Section 172: Simplified Explanation
IPC Section 172 of the Indian Penal Code (IPC) deals with “absconding to avoid service of summons or other proceedings.” This offence occurs when an individual intentionally avoids or absconds to evade the service of any summons, notice, or order issued by any public servant legally empowered to do so or avoids appearing in compliance with such summons, notice, or order.
The section explicitly targets individuals who, knowing they must appear before a court or respond to a legal document, choose to flee or hide to avoid legal obligations. This is considered a hindrance to the administration of justice and an attempt to thwart legal processes.
Is IPC Section 172 bailable?
IPC Section 172 is a bailable offence. This means an accused person has the right to be released on bail after arrest, pending further legal proceedings, subject to the court’s discretion.
IPC Section 172 Punishment
The punishment for an offence under IPC Section 172 is relatively mild compared to other sections of the IPC. It involves simple imprisonment for a term that may extend to one month, a fine that may extend to five hundred rupees or both.
Example of IPC Section 172
A real-life example of IPC Section 172 can be seen in cases where individuals are summoned to court as witnesses or accused but deliberately avoid appearing. For instance, a person summoned to testify in a legal matter who leaves the city or goes into hiding to evade the court’s summons would be committing an offence under this section.
