IPC Section 173

Indian Penal Code

US
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IPCChapter X

S. 173

Preventing service of summons or other proceeding, or preventing publication thereof

Description

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, 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,
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, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record1 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.

1 Information Technology Act, 2000

Classification u/schedule 1 CrPC

Offence

Punishment

  1. Preventing the service or The affixing of any summons of notice, or the removal of it when it has been affixed, or preventing a reclamation
  2. If summons etc., require attendance in person, etc. in a court of Justice
  1. Simple Imprisonment for 1 Month or Fine or Both
  2. Simple Imprisonment for 6 Months or Fine or Both

Cognizance

Bail

Triable By

  1. Non-Cognizable
  2. Non-Cognizable
  1. Bailable
  2. Bailable
  1. Any Magistrate
  2. Any Magistrate

Composition u/s 320 CrPC

Offence is NOT listed under Compoundable Offences

By Raman Devgan
Updated: 31 Oct 2022
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