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Section 174 – Indian Penal Code (IPC)

 

Indian Penal Code (IPC)

 

Section 174. Non-attendance in obedience to an order form public servant

 

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 2[District Judge] intentionally omits to appear. A has committed the offence defined in this section.

 

CLASSIFICATION OF OFFENCE

 

Para I

 

Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both—Non-cognizable—Bailable—Triable by any Magis­trate—Non-compoundable.

 

Para II

 

Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

 

——————————–

 

1. Subs. by the A.O. 1950, for “Supreme Court”.

 

2. Subs. by the A.O. 1950, for “Zila Judge”.

 

 

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