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Introduction of Section BNS 206

BNS 206 deals with individuals who intentionally avoid receiving a summons, notice, or order from a legally authorized public servant. This section outlines the punishment for absconding to avoid legal procedures or court orders. It aims to ensure that people cannot escape their legal responsibilities by avoiding service of these documents.


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



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.


BNS 206: Penalty for Avoiding Legal Summons or Orders.
Punishment for avoiding summons under BNS 206

BNS 206 in Simple Points

  1. Absconding to Avoid Legal Orders: This section is designed to prevent people from escaping legal obligations. If someone intentionally absconds to avoid being served with a summons, notice, or order from a public servant, they are breaking the law. This covers summons issued for a variety of purposes, including court appearances, legal orders, or document production.
  2. Two Types of Violations Under Section 206: The section categorizes the offense into two main scenarios:
    • 206(a): When the person avoids a general summons, notice, or legal order from a public servant, they face lighter punishment.
    • 206(b): When the summons or notice involves appearing in person before a court, or presenting a document, the punishment is more severe.
  3. Punishment for General Absconding (206(a)): If the person is avoiding a general legal document like a summons or notice, they can be punished with up to one month of simple imprisonment, or a fine of up to ₹5,000, or both. This covers scenarios where the person is avoiding general orders from public officials.
  4. Punishment for Court-related Absconding (206(b)): If the individual avoids summons or notices requiring attendance in court (either in person or through an agent) or fails to produce documents/electronic records, the punishment increases to simple imprisonment for up to six months, or a fine of up to ₹10,000, or both.
  5. Focus on Accountability: The purpose of this section is to ensure that people cannot evade legal processes. If someone avoids a public servant’s order or a court’s summons, it affects the functioning of justice. Section 206 makes sure that such actions are punishable so that legal processes are respected.

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.

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.

BNS 206: Punishment for Evading Legal Summons BNS 2206: Punishment for Evading Legal Summons
BNS 206 penalties for general and court absconding

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.


Bharatiya Nyaya Sanhita Section 206

SectionOffensePunishmentCognizable/Non-CognizableBailable/Non-BailableTriable by
206(a)Absconding to avoid service of summons, notice, or orderUp to 1 month simple imprisonment, or fine up to ₹5,000, or bothNon-cognizableBailableAny Magistrate
206(b)Absconding to avoid summons or notice for court appearance or document productionUp to 6 months simple imprisonment, or fine up to ₹10,000, or bothNon-cognizableBailableAny Magistrate
Bharatiya Nyaya Sanhita Section 206

BNS Section 206 FAQs

What is the main purpose of BNS Section 206?

What are the two categories of offenses under BNS Section 206?

What is the punishment for absconding from a general summons or notice (206(a))?

The punishment for general absconding can be up to 1 month of simple imprisonment or a fine of up to ₹5,000, or both.

Is BNS Section 206 a bailable offense?

What type of cases fall under BNS Section 206?


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