Section 173 IPC: Preventing Service of Summons or Other Proceeding
Section 173 of the Indian Penal Code, 1860 dealt with intentionally preventing the service, lawful affixing or publication of specified legal processes issued under the lawful authority of a competent public servant.
What did Section 173 IPC cover?
Section 173 formed part of the IPC provisions concerning contempt of the lawful authority of public servants. It applied where a person intentionally interfered with the service or lawful publication of a summons, notice, order or proclamation issued under the authority of a legally competent public servant.
The provision was wider than merely refusing to receive a summons. It covered intentional prevention of service on oneself or another person, prevention of lawful affixing, intentional removal of a lawfully affixed process, and intentional prevention of the lawful making of a proclamation.
Section 173 IPC - statutory provision
Preventing service of summons or other proceeding, or preventing publication thereof.
Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,
or intentionally prevents the lawful affixing to any place of any such summons, notice or order,
or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed,
or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,
shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Essential ingredients of Section 173 IPC
For the provision to apply, the conduct had to involve an intentional act of prevention or removal connected with a legally issued process. In practical terms, the provision addressed one or more of these acts:
- intentionally preventing service of a summons, notice or order on oneself;
- intentionally preventing service on another person;
- intentionally preventing the lawful affixing of a summons, notice or order;
- intentionally removing such process from the place where it was lawfully affixed; or
- intentionally preventing the lawful making of a proclamation.
The summons, notice, order or proclamation must have originated from, or been made under the authority of, a public servant legally competent to issue or direct it. The word intentionally is important: the statutory language required deliberate prevention rather than mere accidental interference.
Punishment under Section 173 IPC
| Situation | Maximum imprisonment | Maximum fine |
|---|---|---|
| General prevention of service, lawful affixing or proclamation, or removal of lawfully affixed process | Simple imprisonment up to 1 month | Rs. 500, or both imprisonment and fine |
| Process requiring attendance in person or by agent, or production of a document or electronic record in a Court of Justice | Simple imprisonment up to 6 months | Rs. 1,000, or both imprisonment and fine |
Document and electronic record
The Information Technology Act, 2000 amended Section 173 IPC so that the enhanced part of the provision covered a requirement to produce a document or electronic record in a Court of Justice. The amendment took effect on 17 October 2000.
Difference between Section 172 and Section 173 IPC
Section 172 IPC dealt with a person absconding in order to avoid service of a summons, notice or order. Section 173 IPC, by contrast, dealt with intentional acts that prevented service or lawful affixing, removed a lawfully affixed process, or prevented the lawful making of a proclamation. The provisions therefore addressed related but distinct forms of interference with lawful process.
Present legal position
The Indian Penal Code, 1860 was replaced by the Bharatiya Nyaya Sanhita, 2023 with effect from 1 July 2024. The corresponding BNS provision concerning prevention of service of summons or other proceeding, or prevention of publication thereof, is Section 207. This page is retained to explain the IPC provision relevant to the period when the IPC governed the conduct in question.
Legal information on this page is intended for general reference. The applicable provision should be checked according to the date of the alleged act and the facts of the particular matter.