IPC Section 172 - 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 who is legally empowered to issue such summons or notice, or to make such 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.

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Bailable, Non-cognizable

Official Text

“Whoever absconds in order to avoid being served with a summons, notice or order, proceeding from any public servant who is legally empowered to issue such summons or notice, or to make such 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.”

Legal Analysis

Elements to Prove:

  • The accused absconded or hid themselves.
  • The purpose was to avoid service of summons, notice, or order.
  • The summons/notice/order was from a legally empowered public servant.
  • The absconding was intentional and deliberate.

Potential Defenses:

  • The accused had no knowledge of the summons.
  • The absconding was not intentional.
  • The public servant was not legally empowered.
  • The accused was not avoiding service.

Practical Examples

What Constitutes the Offense:

A person leaving their home to avoid receiving a court summons, or changing address without informing authorities.

What Doesn't Constitute:

A person being temporarily unavailable due to travel, or not receiving summons due to postal issues.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court held that this section applies when someone deliberately avoids legal process to evade service of summons or orders.

Punishment

Simple imprisonment for up to 1 month, or Fine up to ₹500, or both

Related Information

Connected Sections:

This section deals with evasion of legal process. It is often charged alongside other contempt offenses.

Procedural Aspects:

No government sanction is required. The case is triable by any Magistrate.

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