BNS 209 : Non-Appearance in Response to a Proclamation under Section 84 of BNSS

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Introduction of Section BNS 209

BNS 209 deals with the failure to appear in response to a proclamation issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This section outlines the punishment for those who do not comply with such proclamations, especially if they have been declared as a “proclaimed offender.” The aim is to ensure that individuals follow legal orders and appear when required by law.

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The Bharatiya Nyaya Sanhita (BNS) Section 209 replaces the old Indian Penal Code (IPC) Section 174 – A.

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What is BNS Section 209 ?

Section 209 of the Bharatiya Nyaya Sanhita (BNS) specifies the penalties for people who fail to appear after a proclamation is issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This section imposes a punishment of imprisonment, fine, or both, and if the person is declared a “proclaimed offender,” they face a harsher punishment. It ensures that proclaimed individuals are held accountable for non-appearance.

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Under Section 209 of the bns act 2023

“Whoever, having been required to appear by a proclamation issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, intentionally fails to appear at the place and time specified, shall be punished with imprisonment up to three years, or with fine, or with both; and if declared a proclaimed offender, shall be punished with imprisonment up to seven years and shall also be liable to fine.”

1. Meaning of BNS Section 209

• A proclamation under Section 84 BNSS is a formal public notice requiring a person to appear before the law within a specified time.
• Non-appearance means deliberately ignoring or avoiding this proclamation.
• If a person is further declared a proclaimed offender under Section 84(4), it shows serious defiance of law and invites harsher penalties.
• The section ensures that people cannot escape justice by refusing to respond to legal proclamations.

2. Who is Covered?

This section applies to:

• Accused persons who avoid court despite a proclamation being issued.
• Individuals declared proclaimed offenders by the court.
• Any person intentionally ignoring a proclamation issued under Section 84 BNSS.

3. Nature of the Offense

• Cognizable → Police can arrest without a warrant.
• Non-bailable → Bail is not a right; it is granted only at the court’s discretion.
• Non-compoundable → The offence cannot be settled privately and must be tried in court.
• Triable by Magistrate of the First Class → Heard by a senior Magistrate with authority to impose strict penalties.

4. Examples of BNS Section 209

Example 1 – Ignoring Proclamation:
A person accused of fraud is hiding from authorities. A proclamation under Section 84 is issued requiring him to appear within 30 days. He ignores it. → Punishable with imprisonment up to 3 years or fine or both.

Example 2 – Proclaimed Offender:
A repeat offender avoids multiple summons and notices. The court declares him a proclaimed offender under Section 84(4). → Punishable with imprisonment up to 7 years and fine.

Example 3 – Not Guilty Case:
A person is admitted in hospital and unable to attend despite a proclamation. Since the absence is genuine and not intentional, it does not amount to an offence.

5. Punishment under BNS Section 209

• Failure to appear after proclamation:
  Up to 3 years imprisonment, or fine, or both.
• If declared a proclaimed offender:
  Up to 7 years imprisonment and fine.
• Additional measure: Court may also impose community service in suitable cases.

6. Importance of BNS Section 209

• Strengthens respect for legal authority → Proclamations are final warnings that must be obeyed.
• Prevents evasion of justice → Ensures accused persons cannot hide or ignore legal orders.
• Deters proclaimed offenders → Strict punishment of up to 7 years discourages repeat defiance.
• Protects judicial process → Ensures that court proceedings are not delayed by absentees.

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Section 209 BNS Overview

BNS Section 209 deals with the failure of a person to appear in response to a proclamation issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita (2023). This section provides penalties for individuals who deliberately avoid appearing as required by the legal proclamation. If the person is declared a “proclaimed offender,” the punishment becomes more severe, reflecting the seriousness of evading legal orders.

BNS Section 209 – 10 Key Points Explained in Detail

1. Failure to Appear After a Proclamation:
   • BNS Section 209 applies when a person does not appear at the specified place and time after a proclamation is issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita. A proclamation is a formal public notice requiring the person to present themselves before the law. Non-appearance is an offence under this section.
   • Example: If a court issues a proclamation requiring someone to appear before it within a certain period, and that person intentionally avoids doing so, they commit an offence under Section 209.
2. Issued Under Section 84:
   • The proclamation must be issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita. Section 84 allows authorities to publish a notice to compel the person’s appearance before a court or legal authority. Failure to comply with this proclamation leads to consequences under Section 209.
   • Example: If an accused person is hiding and avoiding the court summons, the court can issue a proclamation under Section 84. If the accused does not appear, they will be charged under Section 209.
3. Punishment for Non-Appearance:
   • The punishment for failing to appear in response to a proclamation under Section 84 includes imprisonment for up to three years, or a fine, or both. In some cases, the court may also order the person to perform community service.
   • This provision ensures that individuals cannot simply ignore legal orders without facing penalties.
4. Proclaimed Offender:
   • If a person is declared a “proclaimed offender” under sub-section (4) of Section 84, they face more severe punishment. A proclaimed offender is someone who is publicly declared as avoiding justice or legal processes.
   • The punishment for a proclaimed offender includes imprisonment for up to seven years and a fine, making this a serious offence.
5. Imprisonment for Proclaimed Offenders:
   • For those declared as proclaimed offenders, the law imposes a harsher penalty of up to seven years of imprisonment. This reflects the seriousness of avoiding legal processes and reinforces that the legal system cannot be disregarded.
   • Proclaimed offenders are typically those who repeatedly avoid court orders or legal proclamations, and this extended punishment serves as a deterrent.
6. Fine and Community Service:
   • Apart from imprisonment, Section 209 also allows for the imposition of a fine. The fine can be imposed either alone or alongside imprisonment. In some cases, the court may also order community service as part of the punishment, which adds a rehabilitative aspect to the penalty.
   • This ensures that penalties are flexible and may be adjusted based on the severity of the offence.
7. Cognizable Offence:
   • BNS Section 209 is classified as a cognizable offence, meaning that the police can arrest the person without needing a warrant. This classification is essential to ensure that those avoiding legal processes can be apprehended quickly.
8. Non-Bailable Offence:
   • The offence under Section 2209 is non-bailable, which means that the person accused of this offence cannot automatically be granted bail after being arrested. They must apply for bail, and the court will decide based on the facts and circumstances of the case.
9. Triable by Magistrate of the First Class:
   • Cases under Section 209 are triable by a Magistrate of the first class. This means that the trial will be conducted by a senior magistrate with the authority to hear serious cases related to non-appearance after a proclamation.
   • Magistrates of the first class are empowered to impose the prescribed penalties under this section.
10. Non-Compoundable Offence:

• Section 209 is a non-compoundable offence, meaning that the parties involved cannot settle the matter outside of court. The offence is considered too serious to be resolved through mutual agreement, and the legal process must be followed.

Examples of BNS Section 209

1. Example 1 – Non-Appearance After Proclamation:
   • A person named Raj is involved in a legal case and has been avoiding the court. The court issues a proclamation under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, requiring Raj to appear within a certain time frame. Raj deliberately ignores this proclamation and does not show up in court. Under BNS Section 209, Raj can be arrested, and he faces imprisonment for up to three years or a fine for failing to comply with the legal order.
2. Example 2 – Proclaimed Offender:
   • Sita has been declared a proclaimed offender after repeatedly avoiding court orders. The court had issued several notices and proclamations, but she continued to evade the legal process. Under Section 209, because Sita is a proclaimed offender, she is now subject to a harsher punishment of up to seven years in prison and a fine.

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BNS 209 Punishment

1. Imprisonment:
   • The general punishment for failing to appear after a proclamation is imprisonment for up to three years. If the person is declared a proclaimed offender, the imprisonment can extend to seven years.
2. Fine:
   • Along with imprisonment, the person may also be required to pay a fine. For proclaimed offenders, the fine is mandatory, but for others, it may be imposed at the discretion of the court. Community service may also be ordered in some cases.

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BNS 209 bailable or not ?

BNS Section 209 is a non-bailable offence. This means that once a person is arrested for failing to respond to a proclamation, they cannot secure bail automatically and will need to apply for it, with the court deciding whether to grant it based on the case’s circumstances.

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Comparison Table – BNS Section 209 vs IPC Section 174A

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BNS Section 209 FAQs

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Conclusion

BNS Section 209 is a crucial safeguard to ensure compliance with legal proclamations. When courts or authorities issue a proclamation, it represents a final opportunity for an individual to appear before the law.

If ignored, it not only obstructs justice but also shows deliberate defiance of authority. That is why the law imposes strict punishments — up to three years for ordinary non-appearance and up to seven years for proclaimed offenders.

By treating the offence as cognizable and non-bailable, the provision ensures that offenders cannot misuse legal loopholes. In short, Section 209 reinforces the message that justice cannot be evaded, and legal proclamations must be respected.

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Finished with BNS 209 ? 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 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/
• 213 BNS : When a person is asked by a judge or other public servant to take an oath or make a promise (affirmation) before giving evidence or statement, but the person refuses to do it.
• https://marriagesolution.in/bns_section/213-bns/
• 214 BNS :Refusing to answer public servant authorised to question.
• https://marriagesolution.in/bns_section/214-bns/

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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