What is Section 174 IPC? Non-attendance in obedience to an order from public servant
Published on: Lawiz Team
Detailed explanation of Section 174 IPC: Non-attendance in obedience to an order from public servant.
Official Legal Text
Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent to issue the same, intentionally omits to attend at that place or time, or departs without lawful excuse after having attended, 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;
And if the summons, notice, order or proclamation is to attend to give evidence, or to produce a document before a Court of Justice, shall be punished 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.
What This IPC Section Means – Explained in Simple Words
Section 174 punishes any person who fails to appear in response to a legal order issued by a public servant.
Purpose
To ensure compliance with legal orders issued by public authorities.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 month, or fine up to 500 rupees, or both; If order is for attendance in a court, imprisonment up to 6 months, or fine up to 1,000 rupees, or both.
Key Elements
Failure to appear in response to a summons, notice, or order issued by a public servant.
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 had a valid reason for not appearing.
Judicial Interpretation
Courts consider whether the non-attendance was intentional or due to genuine reasons.
Illustration
If a person ignores a police officer's summons to appear as a witness, they can be punished under Section 174.
FAQs
What does Section 174 IPC define?
Non-attendance in obedience to an order from public servant.
Where is Section 174 IPC applicable?
It applies to offences related to elections, public service duties, and lawful procedures.
Why is Section 174 IPC important?
It ensures fairness in elections, honesty in public dealings, and compliance with lawful summons.
Give an example involving Section 174 IPC.
Cases like election bribery, refusal to attend court after summons, or false statements under oath.
What punishment is applicable under Section 174 IPC?
Punishment varies from fines to imprisonment depending on the offence seriousness.
Are there related sections linked with Section 174 IPC?
Yes, it relates to public order, election integrity, and criminal procedure compliance.
How have courts interpreted Section 174 IPC?
Courts interpret strictly to protect democratic processes and ensure lawful public conduct.