IPC 174A to BNS 209: Non-appearance in response to a proclamation under section 82 of Act 2 of 1974
Section 174A IPC (1860) replaced by Section 209 BNS (2023)
IPC 174A to BNS 209 at a Glance
Section 174A IPC (Non-appearance in response to a proclamation under section 82 of Act 2 of 1974) is now Section 209 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 174A to BNS 209?
Section 174A IPC is now Section 209 BNS. The title and the offence follow the same structure, but the proclamation is now the one published under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of section 82 of the Code of Criminal Procedure, 1973. The punishment is changed in the first limb. Community service is added, so the punishment is imprisonment for up to three years, or fine, or both, or community service. The second limb is the same, with imprisonment for up to seven years and fine for a declared proclaimed offender.
IPC 174A vs BNS 209: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 174A | 209 |
| Offence | Non-appearance in response to a proclamation under section 82 of Act 2 of 1974 | Same |
| Punishment | Up to three years on the first limb. Where a declaration has been made under sub-section four of Section 82 CrPC pronouncing the person a proclaimed offender, imprisonment for up to seven years. | Up to three years, or community service, on the first limb. Where a declaration has been made under sub-section (4) of Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 pronouncing the person a proclaimed offender, imprisonment for up to seven years. |
| Fine | Fine may be imposed alone or with imprisonment. Where the person has been declared a proclaimed offender, fine is imposed in addition to imprisonment. | Fine may be imposed alone or with imprisonment on the first limb. Where the person has been declared a proclaimed offender, fine is imposed in addition to imprisonment. |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Magistrate of the first class | Same |
IPC 174A and BNS 209: Bare Act Text Side by Side
Section 174A, IPC 1860
Section 209, BNS 2023
Ingredients: IPC 174A vs BNS 209
- A proclamation was published under sub-section one of Section 82 of the Code of Criminal Procedure, 1973
- The accused failed to appear at the specified place
- The accused failed to appear at the specified time, as the proclamation required
- For the higher punishment, a declaration was made under sub-section four of that section pronouncing the accused a proclaimed offender
- A proclamation published under sub-section (1) of Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Failure of the accused to appear at the specified place and the specified time
- For the higher punishment, a declaration under sub-section (4) of that section pronouncing the accused a proclaimed offender
What IPC 174A to BNS 209 Means for Pending Cases
FAQs: IPC 174A to BNS 209
What changed when Section 174A IPC became Section 209 BNS?▼
Section 209 BNS refers to a proclamation under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of section 82 of the Code of Criminal Procedure, 1973. It also adds community service to the punishments of the first limb. The seven year limb for a proclaimed offender is unchanged.
Where does Section 174A IPC sit in the BNS?▼
In Section 209 BNS, in Chapter XIII, Of Contempts of the Lawful Authority of Public Servants.
Does Section 174A IPC or Section 209 BNS apply to an act done before 1 July 2024?▼
Section 174A 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 174A IPC. Section 209 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 ·