Avoiding Summons, Non-Attendance and False Information under BNS Sections 206-217

Section 206 BNS: Absconding to avoid service of summons

Meaning: Leaving or hiding with the purpose of avoiding lawful service of a summons, notice or order.

Penalty and application: Up to 1 month simple imprisonment or Rs. 5,000 fine or both; for court attendance or production of documents or electronic records, up to 6 months or Rs. 10,000 or both.

Earlier provision: Section 172 of the Indian Penal Code, 1860. The IPC text remains relevant to offences committed before 1 July 2024, subject to applicable savings and transitional rules.

Section 207 BNS: Preventing service or publication

Meaning: Intentionally obstructing service on oneself or another person, lawful affixing of process, or a lawful proclamation; or removing lawfully affixed process.

Penalty and application: Up to 1 month simple imprisonment or Rs. 5,000 or both; for court-related process, up to 6 months or Rs. 10,000 or both.

Earlier provision: Section 173 of the Indian Penal Code, 1860. The IPC text remains relevant to offences committed before 1 July 2024, subject to applicable savings and transitional rules.

Section 208 BNS: Non-attendance after lawful order

Meaning: Intentionally failing to attend at the required place and time, or leaving before legally permitted, when legally bound by a competent public servant.

Penalty and application: Ordinary and court-related situations have different penalty bands under section 208; consult the current statutory text.

Earlier provision: Section 174 of the Indian Penal Code, 1860. The IPC text remains relevant to offences committed before 1 July 2024, subject to applicable savings and transitional rules.

Section 210 BNS: Failure to produce documents or electronic records

Meaning: Intentionally omitting to produce or deliver documents or electronic records when legally required by a competent public servant.

Penalty and application: A higher penalty applies when production is required before a court.

Earlier provision: Section 175 of the Indian Penal Code, 1860. The IPC text remains relevant to offences committed before 1 July 2024, subject to applicable savings and transitional rules.

Section 211 BNS: Failure to give required notice or information

Meaning: Intentionally omitting information or notice that a person is legally bound to furnish, in the required manner and time.

Penalty and application: Enhanced punishment may apply to information about offences, prevention of offences or apprehension of offenders.

Earlier provision: Section 176 of the Indian Penal Code, 1860. The IPC text remains relevant to offences committed before 1 July 2024, subject to applicable savings and transitional rules.

Section 212 BNS: Furnishing false information

Meaning: Supplying information as true, despite knowing or having reason to believe it is false, where the law requires that information to be given.

Penalty and application: More serious treatment applies to information connected with offences and apprehension of offenders.

Earlier provision: Section 177 of the Indian Penal Code, 1860. The IPC text remains relevant to offences committed before 1 July 2024, subject to applicable savings and transitional rules.

Section 213 BNS: Refusing a legally required oath or affirmation

Meaning: Refusing to bind oneself by oath or affirmation to tell the truth when lawfully required by a competent public servant.

Penalty and application: Punishable under section 213, subject to the statutory requirements.

Earlier provision: Section 178 of the Indian Penal Code, 1860. The IPC text remains relevant to offences committed before 1 July 2024, subject to applicable savings and transitional rules.

Section 214 BNS: Refusing to answer an authorised question

Meaning: Refusing to answer a question on a matter about which the person is legally bound to state the truth, asked by a public servant exercising lawful powers.

Penalty and application: The duty to answer is subject to constitutional protections and applicable statutory safeguards.

Earlier provision: Section 179 of the Indian Penal Code, 1860. The IPC text remains relevant to offences committed before 1 July 2024, subject to applicable savings and transitional rules.

Section 215 BNS: Refusing to sign a statement

Meaning: Refusing to sign a statement made by oneself when a legally competent public servant lawfully requires a signature.

Penalty and application: A signature cannot be demanded where another law expressly provides that the particular statement is not to be signed.

Earlier provision: Section 180 of the Indian Penal Code, 1860. The IPC text remains relevant to offences committed before 1 July 2024, subject to applicable savings and transitional rules.

Section 216 BNS: False statement on oath or affirmation

Meaning: Knowingly or dishonestly making a false statement on a subject on which one is legally bound by oath or affirmation to tell the truth.

Penalty and application: The offence requires the elements prescribed in section 216; an innocent mistake is not automatically criminal.

Earlier provision: Section 181 of the Indian Penal Code, 1860. The IPC text remains relevant to offences committed before 1 July 2024, subject to applicable savings and transitional rules.

Section 217 BNS: False information intended to misuse official power

Meaning: Knowingly giving false information to cause a public servant to act or omit an act improperly or to use lawful authority to injure or annoy another person.

Penalty and application: The prosecution must establish the requisite knowledge or intent and the other statutory elements.

Earlier provision: Section 182 of the Indian Penal Code, 1860. The IPC text remains relevant to offences committed before 1 July 2024, subject to applicable savings and transitional rules.

Legal safeguards and procedure

Lawful summons and procedural directions should be taken seriously. However, criminal liability is not automatic merely because a person does not cooperate: the authority to demand an act, any statutory duty, the required mental element and applicable exceptions must be examined.

BNSS section 215: For specified offences concerning contempt of the lawful authority of public servants, including BNS sections 206 to 223 except section 209, a court generally requires a written complaint by the public servant concerned or another statutorily permitted public servant before taking cognizance. The provision contains additional rules for court-related offences.

Practical approach: Verify the authenticity and terms of a notice, comply within the lawful deadline, preserve records, and obtain advice promptly if attendance or production is disputed. Do not fabricate documents or give knowingly false information.

Official legal references

Ministry of Home Affairs: New Criminal Laws provides the BNS, BNSS and Bharatiya Sakshya Adhiniyam. See also the Bureau of Police Research and Development legal resources, the NCRB BNS section index and the NCRB BNSS provisions.

This article provides general legal information, not case-specific legal advice. Read the current statutory text and relevant court decisions for precise penalties, exceptions and procedures.

Frequently asked questions