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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.


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



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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Punishment under BNS 209 for ignoring a legal proclamation

BNS 209 in Simple Points

  1. Proclamation Under Section 84:
    • BNS Section 209 applies when a person fails to appear as required by a proclamation under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This proclamation is a public notice issued to a person requiring them to appear at a specified place and time. Ignoring this proclamation is an offence.
  2. Punishment for Non-Appearance:
    • If a person does not appear after such a proclamation, they can be punished with imprisonment of up to three years, a fine, or both. In some cases, community service may also be imposed as part of the punishment. This ensures that those avoiding legal orders face consequences.
  3. Proclaimed Offender:
    • If a person is declared a “proclaimed offender” under sub-section (4) of Section 84, the punishment becomes more severe. A proclaimed offender is someone who has been publicly identified as avoiding justice. In such cases, the person can be punished with imprisonment for up to seven years and a fine.
  4. Cognizable Offence:
    • The offence under Section 209 is cognizable, which means that the police can arrest the person without a warrant. This classification is intended to ensure swift action against those avoiding legal proclamations.
  5. Non-Bailable Offence:
    • Section 209 is also non-bailable, meaning that once a person is arrested, they cannot automatically secure bail. This reflects the seriousness of the offence, especially when someone has been declared a proclaimed offender.

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.

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.
BNS 209 Penalties for Ignoring Proclamation Orders
Punishment under BNS 209 for ignoring legal proclamations

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.


Bharatiya Nyaya Sanhita Section 209

ClauseDescriptionPunishmentBailableCognizableTrial By
2209 (General)Non-appearance in response to a proclamation under Section 84Imprisonment for up to 3 years, or fine, or both, or community serviceNoCognizableMagistrate of the first class
Proclaimed OffenderDeclared as a “proclaimed offender” under sub-section (4) of Section 84Imprisonment for up to 7 years and fineNoCognizableMagistrate of the first class
Bharatiya Nyaya Sanhita Section 209

BNS Section 209 FAQs

What happens if someone ignores a proclamation under Section 84?

What is the penalty for being a proclaimed offender?

Is BNS Section 209 a bailable offence?

Can the police arrest someone without a warrant under Section 209?

Yes, since BNS Section 209 is a cognizable offence, the police have the authority to arrest the person without a warrant.

Who can try cases under Section 209?


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