Section 208 BNS: Non-Attendance in Obedience to an Order from Public Servant
Section 208 of the Bharatiya Nyaya Sanhita, 2023 applies where a person is legally bound to attend, personally or through an agent, at a specified place and time in obedience to a summons, notice, order or proclamation issued by a legally competent public servant, but intentionally fails to attend or leaves before lawfully permitted to do so.
Text of Section 208 BNS
208. 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,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both;
(b) where the summons, notice, order or proclamation is to attend in person or by agent in a Court with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.
Meaning and Essential Ingredients of Section 208
The provision targets intentional non-attendance where there is a legal duty to attend. It also covers intentionally leaving the required place before the time at which departure is lawful.
The principal statutory elements are:
- the person must be legally bound to attend in person or through an agent;
- the attendance must be required at a certain place and time;
- the requirement must arise from a summons, notice, order or proclamation;
- the process must proceed from a public servant legally competent to issue it;
- the omission to attend, or premature departure, must be intentional; and
- for clause (b), the summons, notice, order or proclamation must require attendance in a Court.
Illustrations Under Section 208
Illustration (a): A, being legally bound to appear before a High Court, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.
Illustration (b): A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has committed the offence defined in this section.
Punishment Under Section 208 BNS
| Provision | Nature of non-attendance | Maximum imprisonment | Maximum fine |
|---|---|---|---|
| Section 208(a) | General non-attendance or premature departure in breach of a lawful process | Simple imprisonment up to 1 month | Rs. 5,000, or both |
| Section 208(b) | Process requiring attendance in person or by agent in a Court | Simple imprisonment up to 6 months | Rs. 10,000, or both |
Is Section 208 BNS Cognizable and Bailable?
| Provision | Cognizable | Bailable | Court competent to try |
|---|---|---|---|
| Section 208(a) | Non-cognizable | Bailable | Any Magistrate |
| Section 208(b) | Non-cognizable | Bailable | Any Magistrate |
This procedural classification follows the First Schedule under the Bharatiya Nagarik Suraksha Sanhita, 2023.
When May Section 208 Apply?
Section 208 may be relevant where a legally competent public servant issues a lawful process requiring attendance at a specified place and time and the person, despite being legally bound to comply, intentionally remains absent. It may also apply where the person attends but deliberately leaves before the time when departure is lawful.
Mere absence is not, by itself, the whole statutory test. The provision expressly requires a legal obligation to attend and an intentional omission or intentional premature departure. The validity and service of the underlying summons, notice, order or proclamation may therefore be material to the facts of a particular case.
Commencement and Legal Context
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions, except Section 106(2), came into force on July 1, 2024. Section 208 forms part of Chapter XIII concerning contempt of the lawful authority of public servants.
This page is a general legal information resource. Application of Section 208 depends on the facts, the legal obligation to attend, the competence of the issuing authority and compliance with the applicable procedural law.