Preventing service of summons or other proceeding, or preventing publication thereof
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Summary
Intentionally preventing a lawful summons, notice, order or proclamation from being served, posted, removed from its place, or made is an offence. For ordinary summons or notices the punishment may be simple imprisonment up to one month, or fine up to Rs.500, or both. If the document requires personal attendance or production of a document/electronic record in a court, punishment increases to up to six months or fine up to Rs.1,000, or both.
Example
Priya tears down a summons lawfully affixed to her shop so the officer cannot serve it. She can be punished with up to one month simple imprisonment or a fine up to Rs.500, or both. If that summons had required her to appear in court or produce a document, the punishment could be up to six months or a fine up to Rs.1,000, 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, 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 or electronic record 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.
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