Non-attendance in obedience to an order from public servant
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Summary
When a person is legally bound to attend at a specified place and time in response to a summons, notice, order or proclamation from a competent public servant, intentionally failing to attend or leaving before it is lawful to do so is an offence. The basic penalty is simple imprisonment up to one month, or a fine up to Rs 500, or both. If the order is to attend in person or by agent in a Court of Justice, the punishment may extend to six months or a fine up to Rs 1,000, or both.
Example
Priya is summoned by a District Judge to appear as a witness in court on a given date, but she intentionally skips the hearing. She has committed the offence and may face simple imprisonment up to six months, or a fine up to Rs 1,000, or both.
Bare Act
Enacted textWhoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, 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 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.
Illustrations
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(a) A, being legally bound to appear before the High Court at Calcutta, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.
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(b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has committed the offence defined in this section.
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