Absconding to avoid service of summons or other proceeding
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Summary
Leaving or hiding to avoid being served with a summons, notice or order from a legally competent public servant is an offence. For ordinary service, the penalty can be simple imprisonment up to one month, or fine up to Rs 5,000, or both. If the order required personal attendance or producing a document or electronic record in a Court, penalty rises to imprisonment up to six months, or fine up to Rs 10,000, or both.
Example
Ravi receives a summons asking him to appear and produce business invoices in a Court. He deliberately hides from the process server; under this section he can be punished with simple imprisonment for up to six months, or a fine up to Rs 10,000, or both.
Bare Act
Enacted textWhoever 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,
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(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;
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(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 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.
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