Section 207 BNS: Preventing Service of Summons or Other Proceeding, or Preventing Publication Thereof
Section 207 of the Bharatiya Nyaya Sanhita, 2023 deals with intentional obstruction of the lawful service or affixing of a summons, notice or order, intentional removal of a lawfully affixed process, and intentional prevention of the lawful making of a proclamation by authority of a legally competent public servant.
Text of Section 207 BNS
207. Preventing service of summons or other proceeding, or preventing publication thereof.
Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,—
(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 the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court, 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.
Meaning and Essential Ingredients of Section 207
The central requirement is intentional interference with lawful process. The section is not framed around mere failure to respond; it addresses positive conduct that prevents service, lawful affixing, continued display of a lawfully affixed process, or lawful publication of a proclamation.
For Section 207 to apply, the facts should disclose the relevant statutory elements, including:
- a summons, notice, order or proclamation connected with a public servant legally competent to issue or direct it;
- lawful service, affixing or proclamation, as applicable;
- an intentional act preventing service or publication, or intentional removal of material lawfully affixed; and
- for clause (b), a process requiring attendance in Court, personally or by agent, or production of a document or electronic record in Court.
Punishment Under Section 207 BNS
| Provision | Nature of process | Maximum imprisonment | Maximum fine |
|---|---|---|---|
| Section 207(a) | General prevention of service, lawful affixing or proclamation | Simple imprisonment up to 1 month | Rs. 5,000, or both |
| Section 207(b) | Process to attend in Court personally or by agent, or to produce a document or electronic record in Court | Simple imprisonment up to 6 months | Rs. 10,000, or both |
Is Section 207 BNS Cognizable and Bailable?
| Provision | Cognizable | Bailable | Court competent to try |
|---|---|---|---|
| Section 207(a) | Non-cognizable | Bailable | Any Magistrate |
| Section 207(b) | Non-cognizable | Bailable | Any Magistrate |
The procedural classification is stated in the First Schedule framework under the Bharatiya Nagarik Suraksha Sanhita, 2023.
What Conduct May Attract Section 207?
Depending on the evidence and the law governing service in the particular proceeding, Section 207 may cover conduct such as deliberately stopping an authorised person from serving a lawful summons, preventing lawful affixing of a notice or order, intentionally tearing down or removing a process after it has been lawfully affixed, or intentionally obstructing a proclamation lawfully directed by a competent public servant.
The word "intentionally" is important. Whether the offence is made out depends on the facts showing deliberate prevention or removal and on whether the underlying process and method of service, affixing or proclamation were lawful.
Commencement and Legal Context
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions, except Section 106(2), came into force on July 1, 2024. Section 207 falls within Chapter XIII dealing with contempt of the lawful authority of public servants.
This page is a general legal information resource. Application of Section 207 depends on the facts, the authority issuing the process, and compliance with the applicable procedure for service or proclamation.