Preventing service of summons or other proceeding, or preventing publication thereof

What this section does

Penalises intentional prevention of service of a summons, notice, or order on oneself or another, removal or obstruction of lawfully affixed notices, or prevention of a lawful proclamation by a competent public servant. Enhanced punishment applies where the process relates to attendance or document production before a Court.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

(a) General: Simple imprisonment up to 1 month, or fine up to ₹5,000, or both. (b) Where the process is to attend or produce a document/electronic record in a Court: Simple imprisonment up to 6 months, or fine up to ₹10,000, or both.

Triable by

Any Magistrate

Cognizable

No

Bailable

Yes

Compoundable

No

Ingredients (what prosecution must prove)

1. The accused intentionally prevented service of a summons, notice, or order on himself or another person, OR intentionally prevented lawful affixing of such process, OR intentionally removed such process from a place where it was lawfully affixed, OR intentionally prevented a lawful proclamation
2. The summons, notice, order, or proclamation was issued by a public servant legally competent to do so

Derived from IPC s.173.