BNS 206 : Absconding to avoid service of summons or other proceeding.

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Introduction of Section BNS 206

BNS Section 206 deals with people who intentionally abscond or hide to avoid receiving summons, notices, or orders issued by legally authorized public servants. It ensures that individuals cannot escape their legal duties or delay justice by avoiding such documents.

This law categorizes two situations:

• General absconding (avoiding normal summons or notices).
• Court-related absconding (avoiding summons for court appearances or failing to produce documents).

By enforcing penalties for both, BNS Section 206 strengthens the integrity of the legal process and ensures that no one can misuse delay tactics against justice.

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The Bharatiya Nyaya Sanhita (BNS) Section 206 replaces the old Indian Penal Code (IPC) Section 173.

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What is BNS Section 206 ?

BNS Section 206 makes it illegal for a person to run away or hide to avoid receiving summons, notice, or orders issued by a public servant. The law ensures that anyone trying to escape such legal documents is held accountable. It specifies different punishments depending on the type of notice or summons being avoided.

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Under Section 206 of the bns act 2023

Absconding to Avoid Service of Summons, Notice, or Order

If a person intentionally runs away or hides to avoid receiving a summons, notice, or order issued by a legally authorized public servant or a court, they are guilty under BNS Section 206.

This law makes sure that people cannot escape their legal responsibilities by avoiding official documents. The punishment depends on whether the notice is a general order or a court-related order.

1. Meaning of BNS Section 206

• To abscond means to run away, hide, or deliberately avoid being found.
• Under this section, if someone absconds to avoid receiving a summons, notice, or order, they are committing an offense.
• The law divides the offense into two parts:
  • 206(a): General absconding – avoiding any legal document from a public servant.
  • 206(b): Court-related absconding – avoiding summons or notices related to court appearances or document production.

2. Who is Covered?

This section applies to any individual who:

• Hides or leaves a place to avoid being served with a summons, notice, or legal order.
• Intentionally avoids court-related summons to prevent personal appearance or production of documents.
• Tries to escape legal responsibility by not accepting official documents.

3. Nature of the Offense

• Non-cognizable → Police cannot arrest without a warrant.
• Bailable → The accused has the right to seek bail.
• Non-compoundable → Cannot be settled privately; the case must go through court.
• Triable by any Magistrate → Any Magistrate can hear the case.

4. Examples of BNS Section 206

• Example 1 – Avoiding Summons: A man learns that a court summons is being delivered for a traffic violation. He leaves town to avoid receiving it. → Guilty under Section 206(a).
• Example 2 – Court-Related Absconding: A woman is required to produce property papers in court. She deliberately hides to avoid receiving the summons. → Guilty under Section 206(b).

5. Punishment under BNS Section 206

• For General Absconding (206a):
  Simple imprisonment up to 1 month, or fine up to ₹5,000, or both.
• For Court-Related Absconding (206b):
  Simple imprisonment up to 6 months, or fine up to ₹10,000, or both.

6. Importance of BNS Section 206

• Ensures people cannot escape legal responsibilities by hiding.
• Protects the smooth functioning of courts and legal procedures.
• Prevents delay in justice caused by individuals avoiding summons or notices.
• Strengthens respect for the authority of public servants and courts.

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Section 206 BNS Overview

BNS Section 206 deals with individuals who deliberately avoid receiving legal documents like summons, notices, or orders from legally competent public servants. It covers the act of absconding or hiding to evade service of these documents and sets out punishments for such actions. The section ensures that people cannot escape their legal responsibilities by avoiding the legal process.

10 Key Points of BNS Section 206

1. Absconding to Avoid Summons:
   • This section is specifically about individuals who run away or hide to avoid being served legal summonses, notices, or orders. A person who absconds to prevent legal authorities from handing over these documents commits an offense under BNS 2206. For example, if a person receives notice of a court case and decides to move to a different location to evade receiving it, they are committing a crime under this section.
2. Public Servant’s Authority:
   • The documents involved must come from a public servant who is legally empowered to issue them. This includes officers of the court, police officers, or other government officials who have the legal right to serve such documents. The section applies only when a qualified public servant is trying to deliver these notices, summonses, or orders.
3. Simple Imprisonment or Fine (206(a)):
   • If a person absconds to avoid receiving any such legal documents, they may face simple imprisonment for up to one month or a fine of up to ₹5,000, or both. Simple imprisonment means the person will not have to do hard labor, but it is still a form of punishment for evading the legal process. This ensures that minor evasion cases are dealt with proportionately.
4. Court-Related Documents and Stricter Punishment (206(b)):
   • If the summons or notice requires the person to attend court or submit documents or electronic records, the punishment is stricter. The person may face up to 6 months of simple imprisonment or a fine of up to ₹10,000, or both. This clause recognizes the higher importance of court-related documents, as they involve legal proceedings that require the individual’s active participation.
5. Non-Cognizable Offense:
   • Non-cognizable means that the police cannot arrest the individual without a warrant, and they cannot start an investigation without the permission of a magistrate. This classification indicates that the offense is not as severe as other criminal actions, but still carries legal consequences.
6. Bailable Offense:
   • Offenses under BNS Section 206 are bailable, meaning the accused has the right to request bail and be released from custody while awaiting trial. In bailable offenses, the person can provide a bond or surety to avoid staying in jail until the case is resolved, reducing the harshness of the detention process.
7. Any Magistrate Can Handle the Case:
   • This section is triable by any magistrate, meaning it can be tried in any magistrate court. Magistrate courts are lower courts in the judicial hierarchy, meaning that the case doesn’t need to go to a higher court unless there are appeals. This allows for faster resolution of cases and helps ensure that such offenses are dealt with efficiently.
8. Non-Compoundable Offense:
   • Non-compoundable means that the case cannot be privately settled between the parties involved. Once a case is filed under BNS Section 2206, it must proceed through the court system, and the person accused of absconding cannot avoid punishment by coming to a private agreement with the other party or the authorities.
9. Purpose of Section 206:
   • The primary goal of this section is to ensure that people cannot evade their legal responsibilities by simply avoiding being served with legal documents. It reinforces the idea that all individuals must comply with the law and participate in legal proceedings when required, even if they disagree with the summons or notice.
10. Importance of Compliance:

• This section underlines the importance of compliance with legal processes. It ensures that no one can deliberately frustrate or delay legal proceedings by refusing to accept summonses or notices. The section acts as a deterrent to those who might otherwise think they can avoid court or legal responsibility by hiding or running away.

Examples of BNS Section 206:

1. Example 1: Absconding to Avoid Summons:
   • A man is due to receive a summons to appear in court for a traffic violation. Upon learning that the police are coming to serve the summons, he leaves town and hides at a relative’s house to avoid accepting the notice. His actions constitute an offense under BNS Section 206, as he has intentionally absconded to avoid the legal process.
2. Example 2: Evading Court Attendance:
   • A woman is supposed to produce certain documents in court related to a property dispute. When she receives notice of the requirement, she ignores it and refuses to appear in court. Later, when another notice is served, she avoids it by staying with a friend and not updating her address. This deliberate avoidance of court attendance would be punishable under BNS Section 206.

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BNS 206 Punishment

1. Imprisonment for General Absconding (206(a)): The punishment for absconding from general summons or notices is up to one month of simple imprisonment or a fine up to ₹5,000, or both.
2. Imprisonment for Court-related Absconding (206(b)): For absconding when the summons or notice requires attendance in court or the production of documents, the punishment is more severe, with up to six months of simple imprisonment or a fine of up to ₹10,000, or both.

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BNS 206 bailable or not ?

Yes, BNS Section 206 is a bailable offense. This means the accused can seek bail and be released from custody while awaiting trial.

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Comparison Table – BNS Section 206 vs IPC Section 173

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BNS Section 206 FAQs

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Conclusion

BNS Section 206 is an important safeguard in the legal system. It prevents people from evading their legal responsibilities by deliberately avoiding summons, notices, or orders from courts or public servants.

By categorizing punishments into general absconding and court-related absconding, the law ensures proportional penalties. It also emphasizes that no one can delay or escape justice by hiding from the legal process.

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