Section 174 IPC: Non-attendance in obedience to an order from public servant
Indian Penal Code, 1860
Section 174 IPC at a Glance
Section 174 IPC deals with non-attendance in obedience to an order from public servant. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by 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 of Justice, simple imprisonment for up to six months.
Section 174 IPC Bare Act Text
174. 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, 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 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.
Illustrations(a) A, being legally bound to appear before the High Court at Calcutta, 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 174, Indian Penal Code, 1860
Section 174 IPC in Simple Words
Section 174 of the Indian Penal Code (IPC) punishes 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 from a legally competent public servant, and who intentionally omits to attend at that place or time, or departs from the place before the time at which it is lawful to depart. 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 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 174 IPC
- The accused was legally bound to attend in person or by an agent at a certain place and time
- The duty arose in obedience to a summons, notice, order or proclamation from a public servant legally competent, as such public servant, to issue it
- The accused intentionally omitted to attend at that place or time, or departed from the place before the time at which it was lawful to depart
Punishment Under Section 174 IPC
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 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 in a Court of Justice. 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 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 174 IPC
When Section 174 IPC Does Not Apply
- Section 174 IPC does not apply when the person was not legally bound to attend at the specified place and time.
- Section 174 IPC does not apply if the summons, notice, order, or proclamation did not come from a public servant legally competent in that capacity to issue it.
- Section 174 IPC does not apply where the failure to attend or the early departure was unintentional, such as when caused by sudden illness or an accident.
- Section 174 IPC does not apply when the person attended as required and remained at the place until it was lawful to depart.
Section 174 IPC in the BNS
Section 174 IPC is now covered under Section 208 BNS.
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 detailed comparison (IPC 174 vs BNS 208) →FAQs on Section 174 IPC
What does Section 174 IPC provide?▼
It punishes a person who is legally bound to attend at a certain place and time in obedience to a summons, notice, order or proclamation from a legally competent public servant, and who intentionally omits to attend or departs before the time at which it is lawful to depart.
What is the punishment under Section 174 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 in a Court of Justice, simple imprisonment for up to six months, or fine up to one thousand rupees, or both.
How does Section 174 IPC differ from Section 174A IPC?▼
Section 174 IPC punishes intentionally not attending, or leaving early, when legally bound to attend in obedience to a summons, notice, order or proclamation. Section 174A IPC punishes failing to appear at the specified place and time as required by a proclamation published under section 82 of the Code of Criminal Procedure, 1973, with imprisonment of up to three years, or fine, or both, and up to seven years where the person has been declared a proclaimed offender.
What does the higher punishment under Section 174 IPC cover?▼
The case where the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice.
Is an offence under Section 174 IPC cognizable and bailable?▼
It is non-cognizable and bailable.
Which court tries an offence under Section 174 IPC?▼
Any Magistrate.
Can an offence under Section 174 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 174 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 208 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·