Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, such public servant, to issue such summons, notice or order,
or intentionally prevents the lawful affixing to any place of any such summons, notice or order,
or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed,
or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,
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, 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 173: Simplified Explanation
IPC Section 173 of the Indian Penal Code (IPC) addresses “Preventing service of summons or other proceeding, or preventing publication thereof.” This offence involves any act where an individual intentionally prevents the service of any summons, notice, order, or proclamation proceeding from any public servant legally competent to issue such documents or prevents the lawful affixing or publishing of the same.
This section targets actions that obstruct the judicial process by interfering with the delivery or publication of legal documents. Such interference can include physically stopping a person from delivering these documents or removing notices that have been legally posted.
Is IPC Section 173 bailable?
IPC Section 173 is a bailable offence. This categorization allows the accused to secure bail after arrest, ensuring their temporary release while awaiting further legal proceedings.
IPC Section 173 Punishment
The punishment under IPC Section 173 involves simple imprisonment for a term extending to six months, or with a fine extending to one thousand rupees, or with both.
Example of IPC Section 173
A real-life example of IPC Section 173 could involve a person who, knowing that a notice or summons is about to be served on their family member or friend, intentionally misinforms the process server about their whereabouts or physically blocks the server from entering their residence. Another instance could be someone removing a legal notice affixed to a public place to prevent its intended public communication.
