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Bharatiya Nyaya Sanhita, 2023 Chapter XIII · Of Contempts of the Lawful Authority of Public Servants
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Bharatiya Nyaya Sanhita, 2023 — Section 209

Non-Appearance in Response to a Proclamation Under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Section 209 punishes whoever fails to appear at the specified place and time as required by a proclamation published under Section 84(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, with imprisonment of up to three years, or fine, or both, or community service; and where a declaration has been made under Section 84(4) of that Sanhita pronouncing them a proclaimed offender, with imprisonment of up to seven years and fine.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 209 to old IPC Section 174A. On attempting to cross-check this against the bare text of the old law, the edition of the Indian Penal Code, 1860 consulted for this book was found to contain no text at all for Section 174A — the text of the edition jumps directly from the end of Section 174 (including its statutory Illustrations) straight to Section 175's heading, with nothing in between. This is therefore flagged as a sourcing gap rather than assigned a comparison category.

BNS sectionIPC, 1860 equivalentCategory
209174ASourcing gap — see below

Sourcing gap: No comparison to the old law's text can be drawn for this section until the actual text of old IPC Section 174A is supplied and verified. This does not affect the accuracy of the Statutory Text (Verbatim) block below, which is drawn directly and independently from the Bharatiya Nyaya Sanhita, 2023 itself.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: non-appearance in response to a proclamation under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 — imprisonment for 3 years, or fine, or both, or community service; cognizable, non-bailable, triable by a Magistrate of the first class; in a case where a declaration has been made under sub-section (4) of section 84 of that Sanhita pronouncing a person as a proclaimed offender — imprisonment for 7 years and fine; cognizable, non-bailable, triable by a Magistrate of the first class. Not compoundable: Section 209 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “Magistrate of the first class” does not include Executive Magistrates (Explanatory Note (2)).

Statutory Text (Verbatim)

Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both, or with community service, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Failure to appear in response to a proclamation, with an enhanced punishment for proclaimed offenders

Explanation (Lexovia's Commentary)

Whoever fails to appear at the specified place and time as required by a proclamation published under Section 84(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, commits this offence, carrying the base punishment of imprisonment up to three years, or fine, or both, or community service. Where, in addition, a declaration has been made under Section 84(4) of that Sanhita pronouncing the person a proclaimed offender, the enhanced punishment of imprisonment up to seven years and mandatory fine applies instead.

Illustration (Lexovia's Own Example)
A person against whom a proclamation has been published under Section 84(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 fails to appear at the specified place and time. If a declaration is later made under Section 84(4) of that Sanhita pronouncing them a proclaimed offender, the enhanced seven-year punishment applies. This falls within Section 209.
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Related / Cross-Referenced Sections

FAQs

What triggers the enhanced seven-year punishment under this section?

A formal declaration made under Section 84(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 pronouncing the person a proclaimed offender, in addition to their failure to appear.

What is the base punishment under this section?

Imprisonment for a term which may extend to three years, or fine, or both, or community service.

Why doesn't this page compare Section 209 to the old law's text?

The edition of the old Indian Penal Code, 1860 consulted for this book does not contain any text for Section 174A, the provision the official concordance maps this section to. This has been flagged as a sourcing gap pending the actual text of that provision.

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