Section 209 BNS: Non-Appearance in Response to a Proclamation Under Section 84 BNSS
Section 209 of the Bharatiya Nyaya Sanhita, 2023 creates an offence where a person fails to appear at the specified place and time required by a proclamation published under Section 84(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. A higher punishment applies where the person has been declared a proclaimed offender under Section 84(4) BNSS.
Text of Section 209 BNS
209. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both, or with community service, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.
What Does Section 84 BNSS Provide?
Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with proclamation for a person who is absconding or concealing himself so that a warrant issued by a Court cannot be executed. Where the Court has reason to believe that the person has absconded or is concealing himself, it may publish a written proclamation requiring that person to appear at a specified place and time.
Under Section 84(1), the date fixed for appearance must be not less than thirty days from the date of publication of the proclamation. The provision also prescribes modes of publication, including public reading and affixing the proclamation at specified places.
Essential Ingredients of Section 209 BNS
For liability under Section 209, the relevant facts should establish:
- a proclamation published under Section 84(1) BNSS;
- a specified place and specified time for appearance in that proclamation;
- failure of the person concerned to appear as required; and
- for the enhanced punishment, a declaration under Section 84(4) BNSS pronouncing the person a proclaimed offender.
The legal validity and publication of the Section 84 proclamation are therefore important to the application of Section 209.
Punishment Under Section 209 BNS
| Situation | Punishment |
|---|---|
| Failure to appear in response to a proclamation under Section 84(1) BNSS | Imprisonment up to 3 years, or fine, or both, or community service |
| Where declaration under Section 84(4) BNSS pronounces the person a proclaimed offender | Imprisonment up to 7 years and fine |
Is Section 209 BNS Cognizable and Bailable?
| Offence | Cognizable | Bailable | Court competent to try |
|---|---|---|---|
| Non-appearance after proclamation under Section 84(1) BNSS | Cognizable | Non-bailable | Magistrate of the first class |
| Non-appearance where person has been declared a proclaimed offender under Section 84(4) | Cognizable | Non-bailable | Magistrate of the first class |
The classification above follows the First Schedule under the Bharatiya Nagarik Suraksha Sanhita, 2023.
When Can a Person Be Declared a Proclaimed Offender Under Section 84(4) BNSS?
Section 84(4) permits the Court, after making such inquiry as it thinks fit, to pronounce a person a proclaimed offender where the proclamation concerns a person accused of an offence punishable with imprisonment of ten years or more, imprisonment for life, or death, and that person fails to appear at the place and time specified in the proclamation.
This declaration has an important consequence under Section 209 BNS because the maximum punishment rises from three years to seven years and fine becomes additionally mandatory under the wording of the section.
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 209 forms part of Chapter XIII concerning contempt of the lawful authority of public servants.
This page is a general legal information resource. Whether Section 209 applies in a particular case depends on the validity and publication of the proclamation, the requirement to appear, any declaration under Section 84(4) BNSS and the facts established before the competent court.