Section 208 BNS: Non-attendance in obedience to an order from public servant
Bharatiya Nyaya Sanhita, 2023
Section 208 BNS at a Glance
Section 208 BNS deals with non-attendance in obedience to an order from public servant. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 174 IPC on 1 July 2024.
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.
Section 208 BNS Bare Act Text
208. 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,—
(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.
Source: Section 208, Bharatiya Nyaya Sanhita, 2023
Section 208 BNS in Simple Words
Section 208 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who is 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 issued by a legally competent public servant, and who intentionally fails to attend or leaves the place before it is lawful to depart. It applies both to directions issued by administrative or executive officials and to summonses or subpoenas requiring attendance in a Court.
Mere inability to attend because of a genuine reason is not the same as intentional omission. Under clause (a), the offence is punishable with simple imprisonment up to one month, or fine up to five thousand rupees, or both. Under clause (b), where the summons, notice, order, or proclamation is to attend in person or by agent in a Court, the punishment is simple imprisonment up to six months, or fine up to ten thousand rupees, or both.
Ingredients of Section 208 BNS
- 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
Punishment Under Section 208 BNS
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 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.
Intentionally not attending as legally bound, or leaving early, carries simple imprisonment for up to one month, or fine up to five thousand rupees, or both. Where the attendance is in a Court, it is up to six months, or fine up to ten thousand rupees, or both.
Example of Section 208 BNS
When Section 208 BNS Does Not Apply
- The accused was not legally bound to attend at that place and time
- The summons, notice, order or proclamation did not come from a public servant legally competent, as such public servant, to issue it
- The accused did not intentionally omit to attend, or did not intentionally depart before the time at which it was lawful to depart
- The accused attended, and stayed until the time at which it was lawful to depart
Section 208 BNS in the IPC (Previous Law)
Section 208 BNS replaces Section 174 IPC from the old criminal code.
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.
View IPC Section 174 →FAQs on Section 208 BNS
If I miss a date mentioned by a public officer, can I be punished under Section 208 BNS?▼
Only if you were legally bound to attend under a valid summons, notice, order, or proclamation from a competent public servant and intentionally failed to attend or left early. A genuine inability, such as illness or lack of notice, is a defence.
Is Section 208 BNS the same as disobeying a court summons?▼
Yes, this section explicitly covers disobeying a court summons. Under clause (b) and the illustrations to the section, intentionally omitting to appear in a Court in obedience to a summons or subpoena attracts the higher punishment of simple imprisonment up to six months, or fine up to ten thousand rupees, or both.
Is the offence under Section 208 BNS serious or arrestable immediately?▼
It is a bailable and non-cognizable offence. In most cases, the issue is handled through a court complaint or notice rather than immediate arrest without warrant.
Under Section 208 BNS, can I defend myself by saying I never received the order?▼
Yes, lack of proper service or knowledge is a strong defence. The prosecution must show that you were legally bound to attend and that you intentionally omitted to do so.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·