IPC 174A→BNS 209

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)

View IPC Section 174A →View BNS Section 209 →

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

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section174A209
OffenceNon-appearance in response to a proclamation under section 82 of Act 2 of 1974Same
PunishmentUp 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.
FineFine 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.
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 174A and BNS 209: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 174A, IPC 1860

174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.—Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.
BNS 2023 (in force)

Section 209, BNS 2023

Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both, or with community service, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Ingredients: IPC 174A vs BNS 209

Under IPC 174A
  1. A proclamation was published under sub-section one of Section 82 of the Code of Criminal Procedure, 1973
  2. The accused failed to appear at the specified place
  3. The accused failed to appear at the specified time, as the proclamation required
  4. For the higher punishment, a declaration was made under sub-section four of that section pronouncing the accused a proclaimed offender
Under BNS 209
  1. A proclamation published under sub-section (1) of Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023
  2. Failure of the accused to appear at the specified place and the specified time
  3. 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

For Section 174A IPC (now Section 209 BNS): the offence is the same but the first limb now also allows community service as a punishment, as an alternative to imprisonment or fine. A failure to appear after the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force is charged under Section 209 BNS, with the proclamation published under section 84 of that Sanhita.

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 ·