Section 206 BNS: Absconding to Avoid Service of Summons or Other Proceeding

Section 206 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who absconds in order to avoid service of a summons, notice or order issued by a legally competent public servant. A higher punishment applies when the process requires attendance in a Court or production of a document or electronic record in a Court.

Current law: Section 206 forms part of Chapter XIII of the Bharatiya Nyaya Sanhita, 2023, concerning contempt of the lawful authority of public servants.

Text of Section 206 BNS

206. Absconding 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,-

(a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both;

(b) where such summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

Essential Ingredients of Section 206

There must be a summons, notice or order.
It must proceed from a public servant legally competent to issue it.
The accused must abscond.
The purpose of absconding must be to avoid being served with that summons, notice or order.

Purpose is important: The section is directed at absconding undertaken in order to avoid service. The existence of the process, the legal competence of the issuing public servant and the purpose of the alleged absconding are therefore material.

Difference Between Section 206(a) and Section 206(b)

Clause (a) applies generally to absconding to avoid service of a summons, notice or order issued by a competent public servant.

Clause (b) applies where the summons, notice or order requires attendance in person or by agent, or production of a document or electronic record, in a Court. Because the process directly concerns a Court, the maximum imprisonment and fine are higher.

Complaint Requirement Under Section 215 BNSS

Procedural requirement: Section 215(1)(a) BNSS provides that no Court shall take cognizance of an offence punishable under BNS Sections 206 to 223, except Section 209, or of specified abetment, attempt or conspiracy relating to such offence, except on a complaint in writing by the public servant concerned, a public servant to whom that officer is administratively subordinate, or another public servant authorised by the concerned public servant.

Accordingly, the manner in which cognizance is initiated is an important procedural issue in a prosecution under Section 206.

Punishment, Cognizability, Bail and Court

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies both parts of Section 206 as non-cognizable and bailable.

Provision	Situation	Punishment	Cognizable	Bailable	Triable by
Section 206(a)	General absconding to avoid service of summons, notice or order	Simple imprisonment up to 1 month, or fine up to Rs. 5,000, or both	No - non-cognizable	Yes	Any Magistrate
Section 206(b)	Process requires attendance in person or by agent, or production of document or electronic record, in a Court	Simple imprisonment up to 6 months, or fine up to Rs. 10,000, or both	No - non-cognizable	Yes	Any Magistrate

Official Resources

This page is intended as general legal information. Application of Section 206 BNS depends on the process issued, the competence of the issuing public servant, the purpose of the alleged absconding, the court-related nature of the process and compliance with the applicable BNSS cognizance requirements.