Preventing service of summons or other proceeding, or preventing publication thereof
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Summary
Knowingly preventing a lawful summons, notice, order or proclamation issued by a competent public servant from being served, affixed, published, or removing it after lawful affixing is an offence. If the document requires personal attendance or production of a document/electronic record in a Court, punishment may be up to six months simple imprisonment or a fine up to ten thousand rupees, or both. For other cases the punishment may be up to one month simple imprisonment or a fine up to five thousand rupees, or both.
Example
Priya receives a Court summons ordering her to appear in person and bring bank statements. She hides the paper so the process-server cannot deliver it. Under this section she can face up to six months simple imprisonment or a fine up to ten thousand rupees, or both.
Bare Act
Enacted textWhoever 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,
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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 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.
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