Section 207 BNS: Preventing service of summons or other proceeding, or preventing publication thereof

Bharatiya Nyaya Sanhita, 2023

Section 207 BNS at a Glance

Section 207 BNS deals with preventing service of summons or other proceeding, or preventing publication thereof. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 173 IPC on 1 July 2024.

Punishment

Simple imprisonment for up to one month. Where the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court, simple imprisonment for up to six months.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜
IPC Equivalent

Section 173 โ†’

Section 207 BNS Bare Act Text

207. Preventing service of summons or other proceeding, or preventing publication thereof

Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,โ€”

(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, or to produce a document or electronic record 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.

Source: Section 207, Bharatiya Nyaya Sanhita, 2023

Section 207 BNS in Simple Words

Section 207 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a person who, with intent to prevent a legal notice, summons, or other proceeding from reaching the person concerned, interferes with its service or publication. It also covers conduct meant to stop a public notice or legal process from being published when the law requires it. The focus is on deliberate obstruction, not on accidental delay. This section can apply to anyone who knowingly hides, destroys, blocks, or interferes with the delivery or publication of such legal process.

In practice, it protects the court system and ensures that a person cannot avoid legal proceedings by frustrating service at the doorstep or by stopping publication in the manner required by law. It matters because proper service is often the first step in a civil or criminal case. If service is prevented, the case itself may get delayed, but the person obstructing the process can also face criminal consequences.

Ingredients of Section 207 BNS

  • A summons, notice or order from a legally competent public servant, or a proclamation to be made under his authority
  • Prevention of its serving, of its lawful affixing or of the lawful making of the proclamation, or its removal from a place where it was lawfully affixed
  • Intention to do so

Punishment Under Section 207 BNS

Imprisonment

Simple imprisonment for up to one month. Where the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court, simple imprisonment for up to six months.

Fine

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, or to produce a document or electronic record in a Court. Fine may be imposed alone or with imprisonment.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

Preventing the service, affixing or proclamation carries simple imprisonment for up to one month, or fine up to five thousand rupees, or both. Where it is to attend or produce a document or electronic record in a Court, it is up to six months, or fine up to ten thousand rupees, or both.

Example of Section 207 BNS

A process server comes to the house of Ramesh with a summons from a Magistrate, who is legally competent to issue it, directing his brother Mahesh to attend the Court in person. Ramesh intentionally bars the gate and stops the process server from serving the summons on Mahesh. Ramesh is liable under Section 207 BNS. Because the summons is to attend in a Court, the higher limit of six months applies.

When Section 207 BNS Does Not Apply

  • The paper is not a summons, notice or order from a public servant legally competent, as such public servant, to issue it
  • The accused did not act intentionally
  • The affixing was not lawful, or the place was not one to which the paper was lawfully affixed
  • The accused only failed to obey the summons after receiving it, which is a different matter from preventing its service

Section 207 BNS in the IPC (Previous Law)

Section 207 BNS replaces Section 173 IPC from the old criminal code.

Section 173 IPC is now Section 207 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.

View IPC Section 173 โ†’

FAQs on Section 207 BNS

What does Section 207 BNS punish in simple terms?โ–ผ

It punishes anyone who intentionally prevents a summons, notice, or order from being served or lawfully affixed, removes it after it was lawfully affixed, or prevents the lawful making of a proclamation directed by a competent public servant.

Is Section 207 BNS a serious offence?โ–ผ

It is a bailable offence punishable with simple imprisonment up to one month or fine up to five thousand rupees or both in ordinary cases, and up to six months or fine up to ten thousand rupees or both when the process is to attend or produce a document or electronic record in a Court.

Can Section 207 BNS apply if I only delayed the notice accidentally?โ–ผ

Usually no. The section requires intent, so there must be a deliberate act to prevent service, affixing, or proclamation. A genuine mistake or accidental delay does not attract this provision.

What is the current law for the offence under Section 207 BNS under BNS?โ–ผ

Section 207 of the Bharatiya Nyaya Sanhita, 2023 is currently in force and punishes intentional obstruction of service, lawful affixing, or proclamation of a summons, notice, or order issued under the authority of a competent public servant.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 ยท Last updated: 16 Oct 2026 ยท