BNS 207 : Preventing service of summons or other proceeding, or preventing publication thereof.

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Introduction of Section BNS 207

BNS Section 207 deals with situations where a person intentionally prevents the service or publication of legal documents, such as summons, notices, or orders issued by a court or a legally authorized public servant.

This law covers different forms of obstruction—such as refusing to accept a summons, hiding to avoid it, removing notices affixed to property, or blocking public proclamations. By penalizing such acts, Section 207 ensures that no one can delay or escape justice by tampering with or avoiding official communications.

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The Bharatiya Nyaya Sanhita (BNS) Section 207 replaces the old Indian Penal Code (IPC) Section 173.

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What is BNS Section 207 ?

BNS Section 207 deals with preventing the lawful service of legal documents such as summons, notices, or orders issued by a public servant. This section outlines the punishment for anyone who intentionally obstructs the process of serving these documents, removing them after they’ve been affixed or preventing their lawful publication.

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Under Section 207 of the bns act 2023

“Whoever intentionally prevents the service of a summons, notice, or order, or removes such notice when it has been lawfully affixed, or obstructs the lawful publication of a proclamation directed by a public servant, shall be punished with simple imprisonment which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.”

1. Meaning of “Preventing Service or Publication”

• Summons/Notice/Order → Legal documents requiring compliance, issued by a court or authorized public servant.
• Preventing service → Refusing to accept, hiding, or blocking delivery of these legal documents.
• Removing affixed notices → Destroying or tearing down a notice lawfully posted on property.
• Preventing proclamation → Obstructing a public announcement or proclamation ordered by a court or authority.
• It is treated as a serious obstruction of justice, not a minor refusal.

2. Who is Covered?

This section applies to:

• Individuals who avoid their own summons or notice.
• Third parties who prevent someone else from being served.
• Persons removing affixed legal notices from property or community boards.
• Anyone blocking lawful proclamations made by a public servant or ordered by a court.

3. Nature of the Offense

• Non-cognizable → Police cannot arrest without a warrant.
• Bailable → Accused can obtain bail as a matter of right.
• Non-compoundable → Cannot be privately settled; trial is compulsory.
• Triable by any Magistrate → Any Magistrate’s court can hear the case.

4. Examples of BNS Section 207

Example 1 – Refusing Summons (207a)
A man refuses to accept a legal notice from a process server regarding a property dispute. → Guilty under Section 207(a).

Example 2 – Removing Court Affixed Notice (207b)
A person tears down a court summons pasted on his house door that requires him to appear in court. → Guilty under Section 207(b).

Example 3 – Blocking Public Proclamation
A group prevents officials from announcing a proclamation ordered by the court in their locality. → Punishable under Section 207.

5. Punishment under BNS Section 207

• General Obstruction (207a): Up to 1 month simple imprisonment, or fine up to ₹5,000, or both.
• Court-Related Obstruction (207b): Up to 6 months simple imprisonment, or fine up to ₹10,000, or both.

6. Importance of BNS Section 207

• Safeguards legal procedures → Ensures summons, notices, and orders are respected.
• Prevents delay in justice → Stops evasion through destruction or avoidance of legal documents.
• Protects authority of courts → Maintains the dignity and enforceability of legal orders.
• Promotes accountability → Makes deliberate obstruction of justice punishable.

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Section 207 BNS Overview

BNS Section 207 deals with preventing the lawful service or publication of legal documents such as summons, notices, or orders issued by a public servant. It penalizes anyone who intentionally obstructs the process of serving these legal documents to themselves or others, removes them after being affixed in a lawful place, or hinders their lawful proclamation.

10 Key Points of BNS Section 207

1. Preventing Service of Summons, Notice, or Order:
   • This section is aimed at individuals who deliberately stop the delivery of legal documents such as summonses, notices, or orders. When a public servant, like a court official or police officer, attempts to serve a document, the recipient is expected to accept it. If the person hides, refuses to receive it, or otherwise obstructs the process, they are committing an offense under this section.
2. Intentional Action:
   • The key element in this section is intentional obstruction. The law only applies if the person deliberately prevents the service of the summons, notice, or order. Accidental or unintentional failure to receive these documents does not fall under this section. For example, if someone is out of town and unable to receive the notice, it’s not a crime under BNS Section 2207 unless they took intentional steps to avoid the process.
3. Service on Another Person:
   • The offense extends to preventing the service of legal documents not just on oneself, but also on others. For instance, if a person hides or shields someone else, or lies about their whereabouts to obstruct the service of a summons, that person is guilty under this section. This ensures that no one can help another avoid legal proceedings by obstructing service.
4. Removing Affixed Summons or Notices:
   • If a legal notice or summons is lawfully posted on a building or property, it is illegal to remove, deface, or destroy that notice. The law protects these affixed legal documents, and their removal is treated as an intentional act of obstruction. For example, if someone tears down a court notice posted on a community board or door, they are violating BNS Section 2207.
5. Preventing the Lawful Proclamation of Notices:
   • This point covers situations where a public servant makes a public proclamation under legal authority, such as announcing a court order. Anyone who interferes with this process, either by obstructing the person making the proclamation or preventing the proclamation from being heard or posted, commits an offense. For instance, blocking the entrance to a public space to stop an announcement would fall under this clause.
6. Punishment for General Obstruction (Section 207(a)):
   • For general obstruction (e.g., preventing a summons from being served on oneself or another person), the punishment can include simple imprisonment for up to 1 month or a fine of up to ₹5,000, or both. This punishment is aimed at ensuring compliance with legal processes in general cases that do not involve court attendance.
7. Punishment for Court-related Obstruction (Section 207(b)):
   • If the summons, notice, or order requires attendance in court or the production of a document, the punishment becomes more severe. In this case, the punishment can be up to 6 months of simple imprisonment or a fine of up to ₹10,000, or both. This clause emphasizes the seriousness of court-related summonses and documents.
8. Non-Cognizable Offense:
   • A non-cognizable offense means that the police cannot arrest the individual without a warrant, and an investigation cannot begin without the permission of a magistrate. This means that, although preventing the service of legal documents is a punishable offense, it is not considered as serious as cognizable offenses like assault or theft.
9. Bailable Offense:
   • The offense under BNS Section 207 is bailable, meaning the accused has the right to be released on bail. This allows the accused to avoid jail while awaiting trial, providing they can post bail. Bailable offenses are typically those where the punishment is less severe and the risk of fleeing or committing further crimes is lower.
10. Triable by Any Magistrate:

• The offense is triable by any magistrate, which means any lower court (such as the court of a judicial magistrate) can try the case. This allows for flexibility in handling cases under BNS Section 207, as they do not require a higher court’s jurisdiction.

Examples of BNS Section 207

1. Example 1: Preventing Service of Summons (207(a)):
   • A landlord receives a legal notice regarding a property dispute. Knowing that the notice will bring trouble, he tells the messenger he’s not available and avoids receiving the document. Since he is deliberately avoiding the legal service of the notice, he is guilty under BNS Section 207(a).
2. Example 2: Removing Affixed Notice (207(b)):
   • A man sees a summons related to a court appearance affixed to his door. Fearing the consequences, he tears it down and destroys it. Since this summons required a court appearance, his actions fall under BNS Section 207(b), and he can be punished with up to 6 months of imprisonment or a fine of ₹10,000.

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BNS 207 Punishment

1. Imprisonment:
   • General obstruction of legal summons or notices (207(a)) can result in up to 1 month of simple imprisonment. However, if the obstruction is related to court orders (207(b)), the imprisonment can extend to 6 months.
2. Fine:
   • For general obstruction, a person can be fined up to ₹5,000, and for court-related obstruction, the fine can go up to ₹10,000. Both punishments are designed to deter people from hindering legal processes.

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BNS 207 bailable or not ?

The offense under BNS Section 207 is bailable, meaning the person accused can seek bail and does not necessarily have to remain in custody during the trial. This balances the seriousness of the offense with fairness in legal proceedings.

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Comparison Table – BNS Section 207 vs IPC Section 174

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BNS Section 207 FAQs

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Conclusion

BNS Section 207 strengthens legal accountability by modernizing and expanding the old IPC 174. It ensures that no one can evade legal procedures by avoiding summons, removing court notices, or blocking official proclamations. The section introduces higher penalties and explicitly covers both general and court-related obstructions, ensuring smooth and transparent administration of justice. By doing so, BNS 207 upholds the authority of courts and reinforces public trust in the legal process.

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Finished with BNS 207 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• BNS 208 : Non-attendance in obedience to an order from public servant.
• https://marriagesolution.in/bns_section/bns-208/
• BNS 209 : Non-Appearance in Response to a Proclamation under Section 84 of BNSS
• https://marriagesolution.in/bns_section/bns-209/
• BNS 210 : Omission to Produce Document or Electronic Record to Public Servant .
• https://marriagesolution.in/bns_section/bns-210/
• BNS 211 : Omission to Give Notice or Information to Public Servant by Person Legally Bound to Give It .
• https://marriagesolution.in/bns_section/bns-211/
• BNS 212 : Furnishing false information.
• https://marriagesolution.in/bns_section/bns-212/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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