IPC 174 to BNS 208: Non-attendance in obedience to an order from public servant

Section 174 IPC (1860) replaced by Section 208 BNS (2023)

View IPC Section 174 →View BNS Section 208 →

IPC 174 to BNS 208 at a Glance

Section 174 IPC (Non-attendance in obedience to an order from public servant) is now Section 208 BNS, in force from 1 July 2024. Under the BNS it is bailable and non-cognizable. What changed is set out below.

What Changed From IPC 174 to BNS 208?

Section 174 IPC is now Section 208 BNS, with the same title and the same imprisonment of up to one month and up to six months. The fines are ten times higher: up to five thousand rupees in place of five hundred, and up to ten thousand rupees in place of one thousand. The BNS sets the two cases out as clauses a and b and says Court where the IPC says Court of Justice. In the first illustration the BNS says a High Court where the IPC says the High Court at Calcutta.

IPC 174 vs BNS 208: Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	174	208
Offence	Non-attendance in obedience to an order from public servant	Same
Punishment	Simple imprisonment for up to one month. Where the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, simple imprisonment for up to six months.	Simple imprisonment for up to one month. Where the summons, notice, order or proclamation is to attend in person or by agent in a Court, simple imprisonment for up to six months.
Fine	Fine up to five hundred rupees, or up to one thousand rupees where the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice. Fine may be imposed alone or with imprisonment.	Fine up to five thousand rupees, or up to ten thousand rupees where the summons, notice, order or proclamation is to attend in person or by agent in a Court. Fine may be imposed alone or with imprisonment.
Bail	Bailable	Same
Cognizance	Non-Cognizable	Same
Compoundable	Non-Compoundable	Same
Triable By	Any Magistrate	Same

IPC 174 and BNS 208: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 174, IPC 1860

174. Non-attendance in obedience to an order from public servant.—Whoever, 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 (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. (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.

BNS 2023 (in force)

Section 208, BNS 2023

Whoever, 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,— (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; (b) where the summons, notice, order or proclamation is to attend in person or by agent 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. Illustrations. (a) A, being legally bound to appear before a High Court, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section. (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.

Ingredients: IPC 174 vs BNS 208

Under IPC 174

The accused was legally bound to attend in person or by an agent at a certain place and time
The duty arose in obedience to a summons, notice, order or proclamation from a public servant legally competent, as such public servant, to issue it
The accused intentionally omitted to attend at that place or time, or departed from the place before the time at which it was lawful to depart

Under BNS 208

A legal duty to attend in person or by an agent at a certain place and time, in obedience to a summons, notice, order or proclamation from a legally competent public servant
Intentional omission to attend at that place or time, or intentional departure before the time at which it is lawful to depart

What IPC 174 to BNS 208 Means for Pending Cases

For Section 174 IPC (now Section 208 BNS): the imprisonment limits of one month and six months are the same, but the fine limits are ten times higher, so a charge for an act done after the BNS came into force cites Section 208 BNS with fines of up to five thousand rupees or ten thousand rupees.

FAQs: IPC 174 to BNS 208

What changed when Section 174 IPC became Section 208 BNS?▼

The fines. Section 208 BNS raises the fine from five hundred rupees to five thousand rupees, and from one thousand rupees to ten thousand rupees where the summons, notice, order or proclamation is to attend in person or by agent in a Court. The title and the imprisonment of one month and six months are the same.

Where does Section 174 IPC sit in the BNS?▼

In Section 208 BNS, in Chapter XIII, Of Contempts of the Lawful Authority of Public Servants.

Does Section 174 IPC or Section 208 BNS apply to an act done before 1 July 2024?▼

Section 174 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 174 IPC. Section 208 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·