Preventing service of summons or other proceeding, or preventing publication thereof
Section 207 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 plac The Act came into force on 01 Jul 2024.
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,—
(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, or to produce a document or electronic record 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.
Section 207, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 173 Preventing service of summons or other proceeding, or preventing publication thereof Text carried over almost unchanged 98%
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 The repealed enactment still governs what happened while it was in force.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 |
|---|---|---|---|---|
| Preventing service of summons or other proceeding, or preventing publication thereof. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| If summons, etc., 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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Phool Chand Bhaskar vs State of Rajasthan through Pp
Decided under Indian Penal Code 173, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Section 195 CrPC bar on cognizance does not apply to offences under Section 173 IPC. Section 173 IPC is a general provision applicable to all persons, including police officials, who intentionally prevent service of summons or other legal proceedings. A court can take cognizance of Section 173 IPC offences without requiring a written complaint from a public servant. The trial court properly took cognizance based on the process server's report showing that the petitioner avoided service of bailable warrants.
On this section: Provision punishing anyone who intentionally prevents service of summons, notice, order or proclamation from a public servant. Court held that this section applies to all persons including police officials and does not require a written complaint from a public servant.
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 207
What have the courts held on Section 207 of the Bharatiya Nyaya Sanhita?
Phool Chand Bhaskar vs State of Rajasthan through Pp (11 Jul 2017) is the leading judgment on this section among those set out below, though it was decided under IPC 173, which this section replaced -- the court never mentioned this Act: Provision punishing anyone who intentionally prevents service of summons, notice, order or proclamation from a public servant. Court held that this section applies to all persons including police officials and does not require a written complaint from a public servant.
Is Section 207 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 207 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 207 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 207, section 207 BNS, section 207 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 207 ignou. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Phool Chand Bhaskar vs State of Rajasthan through Pp (11 Jul 2017).
What should I read with Section 207 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 173 (Preventing service of summons or other proceeding, or preventing publication thereof), so the judgments decided under that provision are the case law on this one.
When did Section 207 of the Bharatiya Nyaya Sanhita come into force?
Section 207 of the Bharatiya Nyaya Sanhita, cited as BNS 207, 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.
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- 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 14 Oct 2026. This page is not a substitute for legal advice.