Section 173 IPC: Preventing service of summons or other proceeding, or preventing publication thereof
Indian Penal Code, 1860
Section 173 IPC at a Glance
Section 173 IPC deals with preventing service of summons or other proceeding, or preventing publication thereof. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 207 BNS.
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 of Justice, simple imprisonment for up to six months.
Section 173 IPC Bare Act Text
173. 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, 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, notice, order or proclamation is to attend in person or by agent, or to produce a document or 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 173, Indian Penal Code, 1860
Section 173 IPC in Simple Words
Section 173 of the Indian Penal Code (IPC) punishes intentionally preventing the service of a summons, notice or order from a legally competent public servant, preventing its lawful affixing, removing it from a place where it is lawfully affixed, or preventing the lawful making of a proclamation. The punishment is simple imprisonment for up to one month, or fine up to five hundred rupees, or both.
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 of Justice, the punishment rises. It is 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 173 IPC
- There was a summons, notice or order proceeding from a public servant legally competent, as such public servant, to issue it, or a proclamation which a public servant legally competent, as such public servant, could direct to be made
- The accused prevented its serving on himself or on any other person, prevented its lawful affixing to any place, removed it from a place to which it was lawfully affixed, or prevented the lawful making of the proclamation
- The accused did this intentionally
Punishment Under Section 173 IPC
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 of Justice, simple imprisonment for up to six months.
Fine up to five hundred rupees, or up to one 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 of Justice. Fine may be imposed alone or with imprisonment.
Preventing the service, affixing or proclamation carries simple imprisonment for up to one month, or fine up to five hundred rupees, or both. In the Court of Justice case it is up to six months, or fine up to one thousand rupees, or both.
Example of Section 173 IPC
When Section 173 IPC Does Not Apply
- Section 173 IPC does not apply when the summons, notice, order, or proclamation did not proceed from a public servant legally competent in that capacity to issue or direct it.
- Section 173 IPC does not apply if the prevention of service or the removal of the affixed notice occurred accidentally and without intention.
- Section 173 IPC does not apply where the notice or order was affixed unlawfully or at a place not authorised by law.
- Section 173 IPC does not apply when a person accepts service of a summons and later fails to attend, which falls instead under Section 174 IPC.
Section 173 IPC in the BNS
Section 173 IPC is now covered under Section 207 BNS.
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 detailed comparison (IPC 173 vs BNS 207) →FAQs on Section 173 IPC
What does Section 173 IPC provide?▼
It punishes intentionally preventing the serving of a summons, notice or order from a legally competent public servant, preventing its lawful affixing, removing it from a place where it is lawfully affixed, or preventing the lawful making of a proclamation.
What is the punishment under Section 173 IPC?▼
Simple imprisonment for up to one month, or fine up to five hundred rupees, or both. 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 of Justice, simple imprisonment for up to six months, or fine up to one thousand rupees, or both.
How does Section 173 IPC differ from Section 172 IPC?▼
Section 172 IPC punishes absconding to avoid the service of a summons or other proceeding. Section 173 IPC punishes preventing the service, the affixing or the proclamation.
What does the higher punishment under Section 173 IPC cover?▼
The case 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 of Justice.
Is an offence under Section 173 IPC cognizable and bailable?▼
It is non-cognizable and bailable.
Which court tries an offence under Section 173 IPC?▼
Any Magistrate.
Can an offence under Section 173 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 173 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 207 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·