What is Section 172 IPC? Absconding to avoid service of summons or other proceeding
Published on: Lawiz Team
Detailed explanation of Section 172 IPC: Absconding to avoid service of summons or other proceeding.
Official Legal Text
Whoever absconds in order to avoid being served with any summons, notice or order, proceeding from any public servant legally competent to issue such summons, notice or 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.
What This IPC Section Means – Explained in Simple Words
Section 172 punishes any person who absconds or hides to avoid receiving a summons or any other legal notice.
Purpose
To ensure that individuals cannot avoid legal proceedings by hiding or running away.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 month, or fine up to 500 rupees, or both.
Key Elements
The person must intentionally avoid the service of summons or legal notice.
Punishment Details
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 Defenses
If the person can prove they were unaware of the summons or had a valid reason for not accepting it.
Judicial Interpretation
Courts focus on the intention to avoid the legal process.
Illustration
If a person hides from the police to avoid receiving a court summons, they can be punished under Section 172.
FAQs
What does Section 172 IPC define?
Absconding to avoid service of summons or other proceeding.
Where is Section 172 IPC applicable?
It applies to offences related to elections, public service duties, and lawful procedures.
Why is Section 172 IPC important?
It ensures fairness in elections, honesty in public dealings, and compliance with lawful summons.
Give an example involving Section 172 IPC.
Cases like election bribery, refusal to attend court after summons, or false statements under oath.
What punishment is applicable under Section 172 IPC?
Punishment varies from fines to imprisonment depending on the offence seriousness.
Are there related sections linked with Section 172 IPC?
Yes, it relates to public order, election integrity, and criminal procedure compliance.
How have courts interpreted Section 172 IPC?
Courts interpret strictly to protect democratic processes and ensure lawful public conduct.