Legal Provisions of Section 172 of Indian Penal Code, 1860.
Absconding to avoid service of summons or other proceeding:
This section prescribes punishment for absconding to avoid service of summons, notice or order proceeding from any public servant. It says that whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant who is competent under law to issue such summons, notice or order as such public servant, shall be punished with simple imprisonment for a term extending up to one month, or with fine extending up to rupees five hundred, or with both, or, if the summons or notice or order is to personally attend or attend by an agent, or to produce any document or an electronic record in a court of justice, shall be punished with simple imprisonment for a term extending up to six months, or with fine extending up to one thousand rupees, or with both.
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ADVERTISEMENTS:
The section applies to cases of absconding with a view to avoid service of either summons or notice or order emanating from a public servant. The punishment has been made a little more severe where the summons or notice or order is to attend a court of justice either in person or by agent or to produce a document or an electronic record therein. There is no provision for rigorous imprisonment under this section.
Absconds
The expression ‘absconds’ does not necessarily mean leaving a place. It includes hiding or concealing oneself. If the hiding or concealing had begun before the process was issued, to continue to hide or conceal amounts to absconding. But it does not include refusal to accept notice or abusing the process-server.
ADVERTISEMENTS:
Being served with a summons, notice or order
The absconding must be in order to avoid being served with a summons, notice or order. Anything which is not to be served on the accused would, therefore, not attract this section. Consequently, a warrant not being an order to be served on the accused, as it is an order given to the police to arrest a person, does not attract this section. Similarly, absconding in order to avoid being arrested is outside the purview of this section.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by any magistrate.
