Section 209 BNS: Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023
Bharatiya Nyaya Sanhita, 2023
Section 209 BNS at a Glance
Section 209 BNS deals with non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023. It is non-bailable and cognizable, triable by Magistrate of the first class; it replaced Section 174A IPC on 1 July 2024.
Imprisonment for up to three years, or community service, for failing to appear under a Section 84(1) BNSS proclamation; where declared a proclaimed offender under Section 84(4) BNSS, imprisonment for up to seven years.
Section 209 BNS Bare Act Text
209. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 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.
Source: Section 209, Bharatiya Nyaya Sanhita, 2023
Section 209 BNS in Simple Words
Section 209 of the Bharatiya Nyaya Sanhita (BNS) makes it an offence to fail to appear in obedience to a court proclamation. It applies to any person against whom a proclamation has been published under Section 84(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, requiring them to appear at a specified place and a specified time, and who fails to appear as required.
The section sets out two levels of punishment. In the first case, failing to appear at the specified place and time as required by a proclamation under Section 84(1) is punishable with imprisonment for a term which may extend to three years, or with fine, or with both, or with community service. In the second case, where a declaration has also been made under Section 84(4) pronouncing the person a proclaimed offender, the punishment is imprisonment for a term which may extend to seven years, and the offender shall also be liable to fine.
The offence depends on a formal proclamation published under Section 84(1) that states both the place and the time for appearance, not an informal notice.
Ingredients of Section 209 BNS
- A proclamation was published under sub-section (1) of Section 84 BNSS
- The proclamation required the person to appear at a specified place and specified time
- The accused failed to appear as required by that proclamation
- If charged in the aggravated form, a declaration under sub-section (4) of Section 84 BNSS pronounced him a proclaimed offender
Punishment Under Section 209 BNS
Imprisonment for up to three years, or community service, for failing to appear under a Section 84(1) BNSS proclamation; where declared a proclaimed offender under Section 84(4) BNSS, imprisonment for up to seven years.
For failing to appear under a Section 84(1) BNSS proclamation, the offender may be punished with fine alone, or with both imprisonment and fine; where declared a proclaimed offender under Section 84(4) BNSS, fine may be imposed in addition to imprisonment.
Failing to appear as required by a proclamation under Section 84(1) BNSS of the Bharatiya Nagarik Suraksha Sanhita, 2023 is punishable with imprisonment for up to three years, or with fine, or with both, or with community service, and if declared a proclaimed offender under Section 84(4) BNSS, with imprisonment for up to seven years and liability to fine.
Example of Section 209 BNS
When Section 209 BNS Does Not Apply
- No proclamation under sub-section (1) of Section 84 BNSS was published
- The person missed a police call or informal notice, but not a proclamation requiring appearance at a specified place and time
- The proclamation did not specify the place or the time for appearance
- The person did appear at the specified place and specified time as required
Section 209 BNS in the IPC (Previous Law)
Section 209 BNS replaces Section 174A IPC from the old criminal code.
Section 174A IPC is replaced by Section 209 BNS. The reference to a proclamation under Section 82 of the Code of Criminal Procedure, 1973 is updated to Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and community service is added as an alternative punishment on the first limb alongside imprisonment up to three years, or fine, or both. Where a declaration has been made under sub-section (4) pronouncing the person a proclaimed offender, the punishment remains imprisonment up to seven years and liability to fine.
View IPC Section 174A →FAQs on Section 209 BNS
What is Section 209 of the BNS about?▼
Section 209 BNS punishes a person who does not appear at the specified place and time after a proclamation is published under Section 84(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. If the person is later declared a proclaimed offender under Section 84(4), the punishment is higher.
What has to be proved for an offence under Section 209 BNS?▼
It must be shown that a proclamation under Section 84(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 was published, and that the person failed to appear at the place and time stated in it. For the higher punishment, it must also be shown that a declaration under Section 84(4) was made pronouncing the person a proclaimed offender.
What is the punishment for not appearing after a proclamation under Section 84 BNSS?▼
Under Section 209 BNS, the punishment may extend to three years, or fine, or both, or community service. If the person has been declared a proclaimed offender under Section 84(4), the punishment may extend to seven years and the person is also liable to fine.
What should I do if I am accused under Section 209 BNS or want to complain about someone not appearing?▼
If you are accused, check the proclamation carefully, including the place, time, and whether it was published under Section 84 BNSS. If you want to complain, keep copies or details of the proclamation and any record showing the person did not appear, because those facts matter under Section 209 BNS.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·