Section 174 IPC: Non-Attendance in Obedience to an Order from Public Servant

Section 174 of the Indian Penal Code, 1860 punished a person who, despite being legally bound to attend at a specified place and time in obedience to a summons, notice, order or proclamation issued by a legally competent public servant, intentionally failed to attend or left before he was lawfully entitled to depart.

Pre-BNS legal position: This article explains Section 174 IPC as applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The corresponding provision under the BNS is Section 208.

On this page Meaning Section 174 text Ingredients Punishment Illustrations Related offences Present law

What did Section 174 IPC mean?

Section 174 dealt with intentional disobedience of a lawful requirement to attend. The obligation could require attendance personally or through an agent, and it had to arise from a summons, notice, order or proclamation proceeding from a public servant legally competent to issue it.

The section covered two forms of intentional non-compliance: first, intentionally omitting to attend at the required place or time; and second, attending but departing before the time at which the person was lawfully permitted to leave.

Section 174 IPC - statutory provision

Non-attendance in obedience to an order from public servant.

Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, 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 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 174 IPC

The statutory language required the following elements:

the person was legally bound to attend personally or through an agent;
attendance was required at a specified place and time;
the obligation arose from a summons, notice, order or proclamation;
the process proceeded from a public servant legally competent to issue it; and
the person intentionally omitted to attend, or intentionally departed before it was lawful to leave.

The requirement of intentional omission is significant. Section 174 was directed at deliberate non-attendance or premature departure where a lawful obligation to attend existed.

Punishment under Section 174 IPC

Situation	Maximum imprisonment	Maximum fine
General non-attendance or unlawful early departure in obedience to a competent public servant's summons, notice, order or proclamation	Simple imprisonment up to 1 month	Rs. 500, or both imprisonment and fine
Where the summons, notice, order or proclamation requires attendance in person or by agent in a Court of Justice	Simple imprisonment up to 6 months	Rs. 1,000, or both imprisonment and fine

Illustrations under Section 174 IPC

The IPC itself supplied illustrations explaining the operation of the section:

Illustration (a): A is legally bound to appear before the High Court at Calcutta in obedience to a subpoena issued by that Court. If A intentionally fails to appear, A commits the offence defined by Section 174.

Illustration (b): A is legally bound to appear before a District Judge as a witness in obedience to a summons issued by that District Judge. If A intentionally fails to appear, A commits the offence defined by Section 174.

Section 174 compared with related IPC provisions

Section 172 IPC dealt with absconding in order to avoid service of summons or other process. Section 173 IPC dealt with intentionally preventing service, lawful affixing or publication of process. Section 174 IPC applied after a person was legally bound to attend and intentionally failed to do so or left prematurely.

Section 174 should also be distinguished from Section 174A IPC, which specifically dealt with failure to appear at the specified place and time in response to a proclamation published under Section 82(1) of the Code of Criminal Procedure, 1973 and separately provided enhanced punishment where the person had been pronounced a proclaimed offender under Section 82(4).

Nature of the offence under the pre-BNS law

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 174 IPC was classified as non-cognizable and bailable and was triable by any Magistrate. This classification applied to both punishment limbs of Section 174.

Present legal position after 1 July 2024

The corresponding provision is Section 208 of the Bharatiya Nyaya Sanhita, 2023. It continues to address non-attendance in obedience to an order from a public servant. The maximum terms of simple imprisonment remain one month for the general limb and six months where attendance is required in a Court, while the corresponding maximum fines under the BNS are Rs. 5,000 and Rs. 10,000 respectively.

This page primarily explains the historical IPC provision applicable before commencement of the BNS. The provision applicable to a particular case should be determined according to the date and circumstances of the alleged conduct and the applicable statutory transition provisions.

This article provides general legal information and does not substitute for advice based on the facts and court record of an individual case.