Introduction of Section BNS 208
BNS 208 addresses the issue of non-attendance in response to orders from public servants. It specifies the consequences for individuals who fail to attend a designated place and time when summoned by a legally competent authority. This section emphasizes the importance of compliance with official orders to ensure the proper functioning of the legal system.
The Bharatiya Nyaya Sanhita (BNS) Section 208 replaces the old Indian Penal Code (IPC) Section 174.
- Introduction of Section BNS 208
- What is BNS Section 208 ?
- BNS 208 in Simple Points
- Section 208 BNS Overview
- BNS 208 Punishment
- BNS 208 bailable or not ?
- Bharatiya Nyaya Sanhita Section 208
- BNS Section 208 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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.

BNS 208 in Simple Points
- Obligation to Attend:
- Individuals are legally required to attend in person or through an agent when summoned by a public servant. This obligation arises from a lawful order, notice, or proclamation issued by someone with the authority to do so. Failing to comply is considered an offence.
- Intentional Non-Attendance:
- The offence occurs when a person intentionally chooses not to attend the required place and time. It is crucial that this omission is deliberate, as accidental or unavoidable absence does not attract punishment under this section.
- Different Penalties for Different Situations:
- The penalties differ based on whether the summons involves attending a court. If a person fails to attend a court as per a summons, the punishment may be more severe, reflecting the importance of court appearances in the legal process.
- Types of Punishments:
- For non-attendance due to an order from a public servant (208(a)), the punishment can be simple imprisonment for up to one month or a fine of up to five thousand rupees, or both. If the order requires attendance in court (208(b)), the punishment can increase to simple imprisonment for up to six months or a fine of up to ten thousand rupees, or both.
- Non-Cognizable Offence:
- The offence is classified as non-cognizable, meaning that a police officer cannot arrest without a warrant. It is also bailable, indicating that a person can secure their release by paying bail after being arrested under this section.
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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
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.

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.
Bharatiya Nyaya Sanhita Section 208
Clause | Description | Punishment | Bailable | Cognizable | Trial By |
---|---|---|---|---|---|
208(a) | Non-attendance due to an order from a public servant | Simple imprisonment for 1 month or fine up to ₹5,000 or both | Yes | Non-cognizable | Any Magistrate |
208(b) | Non-attendance in court as required | Simple imprisonment for 6 months or fine up to ₹10,000 or both | Yes | Non-cognizable | Any Magistrate |
BNS Section 208 FAQs
What is the purpose of BNS Section 208?
BNS Section 208 ensures that individuals comply with orders issued by public servants, thereby maintaining order and the effective functioning of legal processes.
What happens if someone fails to attend a court summons?
If a person fails to attend a court summons, they may face more severe penalties, including imprisonment for up to six months or a fine of up to ten thousand rupees.
Is non-attendance a criminal offence?
Yes, intentionally failing to attend as required by a public servant’s order is considered a criminal offence under this section.
Can someone be arrested for non-attendance under this BNS section 208?
Since this is a non-cognizable offence, a police officer cannot arrest someone without a warrant for non-attendance under Section 208.
Is bail available for offences under BNS Section 208?
Yes, offences under this section are bailable, meaning individuals can apply for bail if arrested.
Are there any exceptions to the requirement to attend?
If an individual has a valid reason or can prove that their absence was not intentional, they may not be penalized under this section.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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