Absconding to avoid service of summons or other proceeding
Section 206 of the Bharatiya Nyaya Sanhita, 2023 deals with absconding to avoid service of summons or other proceeding. Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,— (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine The Act came into force on 01 Jul 2024.
Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,—
(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 such summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court shall be punished 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.
Section 206, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 172 Absconding to avoid service of summons or other proceeding Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Absconding to avoid service of summons or other proceeding from a public servant. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| If summons or notice require attendance in person, etc., in a Court. | Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jijimon K.M. vs State Of Kerala
Decided under Indian Penal Code 172, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where a deponent in a judicial proceeding, particularly a police officer who is a party to the suit, is fully aware that disciplinary proceedings and punishment imposed in connection with the very incident that is subject matter of the suit are highly relevant to the case, and such deponent deliberately denies the existence of such punishment when specifically questioned during cross-examination, knowing such denial to be false, a prima facie case is made out for investigating alleged false evidence under Section 193 IPC. It is expedient in the interests of justice to initiate proceedings under Section 340 CrPC in such circumstances, as the false evidence goes to the credibility and integrity of the witness and the administration of justice itself.
On this section: Offences by public servants; cited in context of Section 195 CrPC jurisdiction
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Nar Singh vs State of Rajasthan
Decided under Indian Penal Code 172, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Section 195(1)(b) CrPC, which restricts prosecution of forgery and related offences, applies only when such offences are committed in relation to proceedings in a court or when documents are forged after being given in custodia legis (court custody). When forged documents are created before being filed in court, Section 195(1)(b) does not apply, and a Magistrate has jurisdiction to take cognizance of such offences without requiring the restrictions prescribed under Section 195 CrPC.
On this section: Offences relating to public servants - subject of Section 195(1)(a) CrPC restriction
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S.syed Basha vs The State of A.p.
Decided under Indian Penal Code 172, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The bar under Section 195(1)(b)(i) Criminal Procedure Code applies only to offences under Sections 193-196, 199, 200, 205-211, and 228 IPC when committed in court proceedings, and to forgery offences under Sections 463, 471, 475, 476 IPC when committed in respect of documents in court proceedings. Impersonation under Section 419 IPC is not covered by this bar. Therefore, a Magistrate has the authority to try and convict a person for impersonation under Section 419 IPC even when committed in relation to court proceedings. The restrictions under Section 352 CrPC do not apply to Section 419 IPC offences once the Section 195 bar is found inapplicable.
On this section: Offences relating to contempt of lawful authority of public servants - Referenced in Section 195 CrPC bar
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 206
What have the courts held on Section 206 of the Bharatiya Nyaya Sanhita?
Jijimon K.M. vs State Of Kerala (16 Aug 2023) is the leading judgment on this section among those set out below, though it was decided under IPC 172, which this section replaced -- the court never mentioned this Act: Offences by public servants; cited in context of Section 195 CrPC jurisdiction. Another 2 judgments on this section are set out below. They run from 2013 to 2023.
Is Section 206 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 206 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 206 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 206, section 206 BNS, section 206 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 206 to 223 and bns 206 ignou. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Jijimon K.M. vs State Of Kerala (16 Aug 2023).
What should I read with Section 206 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 172 (Absconding to avoid service of summons or other proceeding), so the judgments decided under that provision are the case law on this one.
When did Section 206 of the Bharatiya Nyaya Sanhita come into force?
Section 206 of the Bharatiya Nyaya Sanhita, cited as BNS 206, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.