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, being legally bound to appear before the 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.
- A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has committed the offence defined in this section.
IPC Section 174: Simplified Explanation
Understanding IPC section 174 of the Indian Penal Code (IPC) is crucial as it deals with ‘Non-attendance in obedience to an order from a public servant.’ This offence involves a person who, under legal obligation, is required to attend in person or by an agent at a specific place and time in obedience to a summons, notice, order, or proclamation issued by any public servant legally competent to do so. If this person intentionally fails to attend or remains absent, it constitutes an offence under this section.
The primary purpose of IPC Section 174 is to ensure that individuals fulfil their legal obligations to appear before authorities or in court. This section is designed to address the disruption to legal and administrative processes that can occur due to non-compliance, thereby maintaining the integrity of the legal system.
Is IPC Section 174 bailable?
IPC Section 174 is a bailable offence. This means an individual arrested for this offence can be released on bail while awaiting further legal procedures.
IPC Section 174 Punishment
The punishment for an offence under IPC Section 174 includes simple imprisonment for a term that may extend to one month, a fine of five hundred rupees, or both.
Example of IPC Section 174
An example of IPC Section 174 could involve a witness summoned to testify in a court case but deliberately chooses not to appear on the specified date without any lawful excuse. Another instance could be a person required to appear before a tax officer for a hearing related to tax evasion but intentionally avoids attending the scheduled meeting.
