What is Section 173 IPC? Preventing service of summons or other proceeding, or preventing publication thereof
Published on: Lawiz Team
Detailed explanation of Section 173 IPC: Preventing service of summons or other proceeding, or preventing publication thereof.
Official Legal 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, 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 prevents the lawful making of any proclamation under the authority of any public servant, shall be punished with simple imprisonment for a term which may extend to one month, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 173 punishes any person who intentionally prevents the service of summons, legal notice, or other legal proceedings, or obstructs its publication.
Purpose
To ensure that legal notices, summons, and other proceedings are properly served or published.
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 prevent the service or publication of a legal notice or summons.
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 service or publication.
Judicial Interpretation
Courts examine whether the obstruction was intentional.
Illustration
If a person hides the summons served to another person to prevent them from appearing in court, they can be punished under Section 173.
FAQs
What does Section 173 IPC define?
Preventing service of summons or other proceeding, or preventing publication thereof.
Where is Section 173 IPC applicable?
It applies to offences related to elections, public service duties, and lawful procedures.
Why is Section 173 IPC important?
It ensures fairness in elections, honesty in public dealings, and compliance with lawful summons.
Give an example involving Section 173 IPC.
Cases like election bribery, refusal to attend court after summons, or false statements under oath.
What punishment is applicable under Section 173 IPC?
Punishment varies from fines to imprisonment depending on the offence seriousness.
Are there related sections linked with Section 173 IPC?
Yes, it relates to public order, election integrity, and criminal procedure compliance.
How have courts interpreted Section 173 IPC?
Courts interpret strictly to protect democratic processes and ensure lawful public conduct.