Section 206 BNS: Absconding to avoid service of summons or other proceeding
Bharatiya Nyaya Sanhita, 2023
Section 206 BNS at a Glance
Section 206 BNS deals with absconding to avoid service of summons or other proceeding. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 172 IPC on 1 July 2024.
Simple imprisonment for up to one month. Where the summons, notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court, simple imprisonment for up to six months.
Section 206 BNS Bare Act Text
206. Absconding to avoid service of summons or other proceeding
Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,—
(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 such summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court shall be punished 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.
Source: Section 206, Bharatiya Nyaya Sanhita, 2023
Section 206 BNS in Simple Words
Section 206 of the Bharatiya Nyaya Sanhita (BNS) punishes a person who absconds in order to avoid being served with a summons, notice, or order issued by a public servant who is legally competent to issue it. The focus is on deliberately hiding or going away for the purpose of evading service of lawful process.
Under clause (a), the offence carries simple imprisonment up to one month, or a fine up to five thousand rupees, or both. Under clause (b), if the summons, notice, or order requires the person to attend in person or by agent, or to produce a document or electronic record in a Court, the punishment increases to simple imprisonment up to six months, or a fine up to ten thousand rupees, or both.
Ingredients of Section 206 BNS
- Absconding by the accused in order to avoid being served with a summons, notice or order
- A summons, notice or order proceeding from a public servant legally competent, as such public servant, to issue it
Punishment Under Section 206 BNS
Simple imprisonment for up to one month. Where the summons, notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court, simple imprisonment for up to six months.
Fine up to five thousand rupees, or up to ten thousand rupees where the summons, notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court. The court may impose fine instead of imprisonment or with it.
Absconding to avoid service carries simple imprisonment for up to one month, or fine up to five thousand rupees, or both. Where the summons, notice or order is to attend or to produce a document or an electronic record in a Court, the limit is simple imprisonment for six months, or fine up to ten thousand rupees, or both.
Example of Section 206 BNS
When Section 206 BNS Does Not Apply
- The person did not abscond
- The person was away for another reason and not in order to avoid being served
- The summons, notice or order did not proceed from a public servant legally competent, as such public servant, to issue it
- The act is preventing service or preventing publication of a summons, notice or order, which is punished under Section 207 BNS
Section 206 BNS in the IPC (Previous Law)
Section 206 BNS replaces Section 172 IPC from the old criminal code.
Section 172 IPC is now Section 206 BNS, with the same title and the same terms of imprisonment of one month and six months. The fines rise from five hundred rupees to five thousand rupees and from one thousand rupees to ten thousand rupees. The second limb now speaks of a Court and no longer of a Court of Justice. The BNS also sets the two limbs out as clauses a and b.
View IPC Section 172 →FAQs on Section 206 BNS
What is Section 206 of the Bharatiya Nyaya Sanhita about?▼
Section 206 BNS covers absconding to avoid being served with a summons, notice or order issued by a legally competent public servant. It applies when a person hides or stays away for the purpose of avoiding service of that process.
What does the police or court have to prove under Section 206 BNS?▼
They must show that the person absconded and that the reason was to avoid being served with a summons, notice or order. The text also requires that the summons, notice or order must be from a public servant who was legally competent to issue it.
Is Section 206 BNS bailable?▼
Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.
What is the punishment for absconding to avoid summons under Section 206 BNS?▼
If a person absconds to avoid service of a summons, notice or order, the punishment may extend to simple imprisonment for one month, or fine up to five thousand rupees, or both. If the summons, notice or order is to attend in person or by agent, or to produce a document or electronic record in a Court, the punishment may extend to simple imprisonment for six months, or fine up to ten thousand rupees, or both.
What should I do if I am accused under Section 206 BNS or if someone is avoiding court summons?▼
If you are accused, collect any proof that you did not abscond or that you were not avoiding service, such as travel records, medical papers, or messages showing your whereabouts. If someone is avoiding service, give the authorities clear details showing that the person is deliberately staying away to avoid the summons, notice or order.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·