Preventing service of summons or other proceeding, or preventing publication thereof
Section 173 of the Indian Penal Code, 1860 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, such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place o 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 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, 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,
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, 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 173, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 207 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 The repealed enactment still governs what happened while it was in force.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.
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
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 173
What have the courts held on Section 173 of the Indian Penal Code?
Phool Chand Bhaskar vs State of Rajasthan through Pp (11 Jul 2017) is the leading judgment on this section among those set out below: 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.
How do I find court cases under Section 173 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 173, section 173 IPC, section 173 of the Indian Penal Code. 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 173 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 207 (Preventing service of summons or other proceeding, or preventing publication thereof), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 173 of the Indian Penal Code come into force?
Section 173 of the Indian Penal Code, cited as IPC 173, 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.