Indian Penal Code, 1860
Section 172
repealedAbsconding 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 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.
Why this exists
Colonial-era lawmakers included this provision to make sure legal and administrative processes could not be defeated simply by people making themselves unavailable. Summons, notices, and court orders are the backbone of legal proceedings — if people could escape all legal consequences by hiding, the justice system would grind to a halt. This section gives authorities a tool to penalize evasive behavior that obstructs the machinery of justice, with a stricter penalty when courts (as opposed to other public servants) are involved, reflecting the higher importance placed on judicial processes.
Common misconceptions
- Myth: You can avoid legal trouble forever by just not accepting the summons or notice.
Fact: Deliberately hiding to avoid service is itself a punishable offense under this section, separate from whatever the original summons or notice was about. - Myth: This section applies only to court summons.
Fact: It covers summons, notices, or orders from any legally competent public servant — not just courts — though court-related appearances carry a harsher penalty.