Section 172 IPC: Absconding to avoid service of summons or other proceeding
Indian Penal Code, 1860
Section 172 IPC at a Glance
Section 172 IPC deals with absconding to avoid service of summons or other proceeding. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 206 BNS.
Simple imprisonment for up to one month. Where the 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 of Justice, simple imprisonment for up to six months.
Section 172 IPC Bare Act Text
172. 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, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the 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 of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Source: Section 172, Indian Penal Code, 1860
Section 172 IPC in Simple Words
Section 172 of the Indian Penal Code (IPC) punishes a person who absconds in order to avoid being served with a summons, notice or order proceeding from a public servant legally competent, as such public servant, to issue it. The ordinary punishment is simple imprisonment for up to one month, or fine up to five hundred rupees, or both.
Where the 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 of Justice, the offender may be punished with simple imprisonment for up to six months, or fine up to one thousand rupees, or both. The offence is non-cognizable and bailable, and it is triable by any Magistrate.
Ingredients of Section 172 IPC
- The accused absconded
- The accused absconded in order to avoid being served with a summons, notice or order
- The summons, notice or order proceeded from a public servant
- That public servant was legally competent, as such public servant, to issue the summons, notice or order
Punishment Under Section 172 IPC
Simple imprisonment for up to one month. Where the 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 of Justice, simple imprisonment for up to six months.
Fine up to five hundred rupees, or up to one thousand rupees where the 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 of Justice. 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 hundred rupees, or both. Where the summons or notice or order is to attend or to produce a document or an electronic record in a Court of Justice, the limit is simple imprisonment for six months, or fine up to one thousand rupees, or both.
Example of Section 172 IPC
When Section 172 IPC Does Not Apply
- Section 172 IPC does not apply when the person did not abscond or conceal himself.
- Section 172 IPC does not apply if the person left the place for an independent reason and not with the purpose of avoiding service of the summons, notice, or order.
- Section 172 IPC does not apply where the summons, notice, or order was issued by someone who was not a public servant legally competent in that capacity to issue it.
- Section 172 IPC does not apply when a person does not abscond but instead physically obstructs service or tears down an affixed notice, which falls under Section 173 IPC.
Section 172 IPC in the BNS
Section 172 IPC is now covered under Section 206 BNS.
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 detailed comparison (IPC 172 vs BNS 206) →FAQs on Section 172 IPC
What does Section 172 IPC provide?▼
It punishes a person who absconds in order to avoid being served with a summons, notice or order proceeding from a public servant legally competent, as such public servant, to issue it.
What is the punishment under Section 172 IPC?▼
Simple imprisonment for up to one month, or fine up to five hundred rupees, or both. Where the 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 of Justice, simple imprisonment for up to six months, or fine up to one thousand rupees, or both.
How does Section 172 IPC differ from Section 173 IPC?▼
Section 172 IPC punishes absconding in order to avoid being served. Section 173 IPC punishes preventing the service of a summons, notice or order, or preventing its publication.
What must be shown for an offence under Section 172 IPC?▼
That the accused absconded in order to avoid being served with a summons, notice or order, and that it proceeded from a public servant legally competent, as such public servant, to issue it.
Is an offence under Section 172 IPC cognizable and bailable?▼
It is non-cognizable and bailable, for both limbs.
Which court tries an offence under Section 172 IPC?▼
Any Magistrate.
Can an offence under Section 172 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 172 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 206 BNS.
Have questions about Section 172 IPC?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·