Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023
What this section does
Penalises a person who fails to appear at the specified place and time as required by a proclamation published under the Bharatiya Nagarik Suraksha Sanhita, 2023. A significantly enhanced punishment applies where the person has been declared a proclaimed offender under that provision.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment up to 3 years, or fine, or both, or community service. Where a declaration has been made under sub-section (4) of section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 pronouncing the person a proclaimed offender: imprisonment up to 7 years and fine (mandatory).
- Triable by
- Magistrate of First Class
- Cognizable
- Depends
- Bailable
- Depends
- Compoundable
- No
Ingredients (what prosecution must prove)
- A proclamation was published under sub-section (1) of section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requiring the accused to appear at a specified place and time
- The accused failed to appear at the specified place and time
Practitioner note
Punishment escalates substantially upon being declared a proclaimed offender; fine becomes mandatory in that scenario.
Derived from IPC s.174A.
Read the official text
For the binding statutory text of BNS Section 209, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 209 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.