Absconding to avoid service of summons or other proceeding
Section 172 of the Indian Penal Code, 1860 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, shall be punished with simple imprisonment for a term which may extend to one month, or with fine whic The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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, 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 or notice or order is to attend in person or by agent, or to produce a document 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.
Section 172, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 206 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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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
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
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.
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 172
What have the courts held on Section 172 of the Indian Penal Code?
Jijimon K.M. vs State Of Kerala (16 Aug 2023) is the leading judgment on this section among those set out below: 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.
How do I find court cases under Section 172 of the Indian Penal Code?
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: IPC 172, section 172 IPC, section 172 of the Indian Penal Code. 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 172 of the Indian Penal Code, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 206 (Absconding to avoid service of summons or other proceeding), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 172 of the Indian Penal Code come into force?
Section 172 of the Indian Penal Code, cited as IPC 172, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.