IPC Section 173 - 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 who is legally empowered to issue such summons or notice, or to make such 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, or intentionally prevents the lawful affixing to any place of any proclamation, or intentionally removes any such proclamation from any place to which it is lawfully affixed, 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.
Official Text
“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 who is legally empowered to issue such summons or notice, or to make such 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, or intentionally prevents the lawful affixing to any place of any proclamation, or intentionally removes any such proclamation from any place to which it is lawfully affixed, 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 intentionally prevented service or publication.
- The prevention was of a summons, notice, order, or proclamation.
- The document was from a legally empowered public servant.
- The prevention was deliberate and not accidental.
Potential Defenses:
- The prevention was not intentional.
- The accused had no knowledge of the document.
- The public servant was not legally empowered.
- The prevention was not of a legal document.
Practical Examples
What Constitutes the Offense:
A person tearing down a court notice posted on their property, or refusing to accept a summons from a process server.
What Doesn't Constitute:
A person accidentally damaging a notice, or being unaware of a proclamation.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court emphasized that this section applies to intentional obstruction of legal process and public notices.
Punishment
Simple imprisonment for up to 1 month, or Fine up to ₹500, or both
Related Information
Connected Sections:
This section deals with obstruction of legal process. It is often charged alongside Section 172.
Procedural Aspects:
No government sanction is required. The case is triable by any Magistrate.