BNS 208 : Non-attendance in obedience to an order from public servant.

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Introduction of Section BNS 208

BNS Section 208 deals with the offence of non-attendance in obedience to an order, summons, or notice issued by a legally competent public servant or court. When an individual is lawfully required to attend at a certain place and time, whether in person or through an agent, deliberate failure to appear amounts to an offence under this section.

This provision ensures that people respect and comply with lawful directions, as ignoring such orders can delay justice and disrupt official processes. By punishing deliberate non-attendance, the law reinforces the authority of courts and public servants while ensuring smooth functioning of the legal system.

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The Bharatiya Nyaya Sanhita (BNS) Section 208 replaces the old Indian Penal Code (IPC) Section 174.

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What is BNS Section 208 ?

Section 208 of the BNS pertains to the offence of not attending as required by a summons or order from a public servant. It outlines the penalties for failing to comply with such orders, whether it involves personal attendance or the presence of an agent. The section aims to uphold the authority of public servants and the integrity of legal proceedings.

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Under Section 208 of the bns act 2023

Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to an order, summons, or notice issued by a public servant, intentionally fails to attend as required, 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 “Non-Attendance in Obedience to Order”

• A summons, order, or notice is a lawful direction issued by a public servant or court.
• A person is legally bound to attend personally or through an authorized representative.
• Non-attendance means deliberately failing to appear at the required time and place.
• The act is not a simple absence—it is a deliberate defiance of lawful authority.

2. Who is Covered?

This section applies to:

• Individuals required to appear before a public servant or authority.
• Witnesses or parties summoned to attend court hearings.
• Citizens ordered to attend government offices for official matters.
• Agents/representatives expected to attend on behalf of someone else.

3. Nature of the Offense

• Non-cognizable → Police cannot arrest without a warrant.
• Bailable → Accused has the right to bail.
• Non-compoundable → Cannot be settled privately; case must proceed through trial.
• Triable by any Magistrate → Any Magistrate has jurisdiction to try the case.

4. Examples of BNS Section 208

Example 1 – Court Summons Ignored (208b):
A person receives a summons from the High Court to appear as a witness but intentionally avoids attending. → Guilty under Section 208(b).

Example 2 – Government Notice Ignored (208a):
A citizen is directed by a revenue officer to appear at the local office regarding a land dispute. She deliberately fails to attend. → Guilty under Section 208(a).

Example 3 – Not Guilty Case:
A person falls ill and cannot attend court despite being summoned. Since the absence was not intentional, it is not punishable under Section 208.

5. Punishment under BNS Section 208

• General Non-Attendance (208a): Up to 1 month simple imprisonment, or fine up to ₹5,000, or both.
• Court-Related Non-Attendance (208b): Up to 6 months simple imprisonment, or fine up to ₹10,000, or both.

6. Importance of BNS Section 208

• Ensures obedience to lawful authority → Strengthens respect for government and courts.
• Prevents disruption of justice → Non-attendance of witnesses or parties can delay trials.
• Protects integrity of legal system → Citizens must comply with lawful orders for smooth governance.
• Balances fairness → Provides stronger punishment when court-related attendance is avoided.

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Section 208 BNS Overview

BNS Section 208 makes it a punishable offence if someone deliberately fails to attend a place or court when ordered by a public servant. If a person does not follow such orders, they can face imprisonment or a fine. The punishment depends on whether the person ignored a general order or a court-related summons.

BNS Section 208 – 10 Key Points with Detailed Explanations

1. Legally Binding Orders from Public Servants:
   • BNS Section 208 applies when a person is legally bound by an order from a public servant. These orders can take the form of summons, notices, proclamations, or any legal document requiring someone’s presence at a specific place and time. The law mandates compliance with such orders to uphold public trust in government authority.
2. Obligation to Appear in Person or by Agent:
   • A person may be required to appear either personally or through an agent. This allows flexibility for individuals who cannot be present themselves but still ensures that the requirement of the legal order is fulfilled. Failing to send a representative or appear personally is considered an offence.
3. Intentional Omission as the Key Element:
   • The offence under Section 208 occurs only when there is an intentional omission to attend. If someone forgets or is unable to attend due to circumstances beyond their control (such as illness or an emergency), it is not an offence under this section. The key element here is the deliberate avoidance of compliance.
4. Two Categories of Non-Attendance:
   • BNS Section 208 distinguishes between two scenarios: a. Failing to attend any place other than a court (Section 208(a)). b. Failing to attend in response to a court summons (Section 208(b)). The penalties differ based on the importance of the place where the person is required to attend.
5. Consequences for Non-Attendance Outside Court (Section 208(a)):
   • If a person fails to attend any place in response to an order from a public servant (other than a court order), they can be punished with simple imprisonment for up to one month, or a fine of up to ₹5,000, or both. This ensures that individuals take orders from public servants seriously, even when the order is not directly related to court proceedings.
6. Consequences for Non-Attendance in Court (Section 208(b)):
   • If the person fails to attend a court proceeding, the punishment is more severe. In such cases, the offender can face simple imprisonment for up to six months, a fine of up to ₹10,000, or both. Courts play a central role in upholding justice, and non-attendance can seriously disrupt legal proceedings.
7. Non-Cognizable Offence:
   • A non-cognizable offence means that the police cannot arrest the offender without a warrant. In the case of BNS Section 208, failing to attend a summons is classified as non-cognizable. This means that legal proceedings are initiated through a complaint rather than immediate arrest.
8. Bailable Offence:
   • BNS Section 208 is a bailable offence, meaning that if someone is arrested for non-attendance, they can apply for bail. Bailable offences are considered less serious in nature, and the person has the right to be released from custody after securing bail.
9. Jurisdiction of Magistrates:
   • Any magistrate can try offences under Section 208. This means that the case does not need to be referred to a higher court, and the matter can be handled at a lower level. This helps in quicker resolution of cases related to non-attendance.
10. Impact of Non-Attendance on Legal Proceedings:

• Failure to attend a court or comply with a public servant’s order can have a significant impact on the legal process. For example, a witness not attending a trial may delay the proceedings, while a person failing to respond to a government notice might hinder the enforcement of the law. Section 208 aims to ensure compliance with orders that are essential for the functioning of the legal system.

BNS Section 208 – 2 Examples

1. Example 1:
   Failure to Attend a High Court Summons
   • A receives a summons from the High Court to appear as a witness in an ongoing trial. A is legally bound to attend the court on the specified date. However, A intentionally decides not to attend because he does not want to get involved in the case. In this scenario, A has committed an offence under Section 208(b) because the non-attendance relates to a court order. A could face imprisonment of up to six months, or a fine of ₹10,000, or both.
2. Example 2:
   Failure to Attend a Government Notice
   • B is issued a notice by a public servant requiring her to attend a local government office to discuss a property issue. B is legally bound to comply with the notice and attend on the given date. However, B deliberately chooses not to attend without any valid reason. B has committed an offence under Section 208(a) because she failed to respond to a legally binding order from a public servant. B could be punished with imprisonment for up to one month, or a fine of ₹5,000, or both.

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BNS 208 Punishment

Imprisonment:

• The punishment for non-attendance in response to a public servant’s order can involve simple imprisonment. The duration of imprisonment can vary, with a maximum of one month for non-court orders and six months for court-related orders.

Fine:

• Additionally, individuals may be fined. The fine can go up to five thousand rupees for failing to attend due to a public servant’s order and up to ten thousand rupees for failing to attend a court summons.

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BNS 208 bailable or not ?

BNS Section 208 is classified as a bailable offence. This means that if someone is charged under this section, they have the right to seek bail, allowing them to be released from custody after posting bail.

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Comparison Table – BNS Section 208 vs IPC Section 174

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BNS Section 208 FAQs

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Conclusion

BNS Section 208 highlights the importance of compliance with lawful orders issued by courts and public servants. Legal summonses and notices are not optional; they are binding obligations. If people could ignore them without consequence, the judicial and administrative system would lose effectiveness.

By prescribing punishments that vary for general non-attendance and court-related non-attendance, the law ensures proportionate accountability. It also balances fairness by exempting genuine cases of absence that are not intentional.

In short, Section 208 reinforces the principle that every citizen has a duty to obey lawful orders, thereby protecting justice, public trust, and the authority of legal institutions.

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