Bailabel Type : bailable

Description

Introduction

The legal system relies on the proper delivery of summons, notices, and court orders to ensure that individuals appear for legal proceedings. If someone intentionally obstructs the delivery of a summons or prevents its publication, they can be punished under Section 173 IPC.

This law ensures that no one can interfere with the judicial process by stopping legal documents from being served.

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Key Elements of Section 173 IPC

1. There Must Be a Legal Summons, Notice, or Court Order –

   • The document must be legally issued by a court or authorized authority.

2. The Accused Must Have Prevented Its Service or Publication –

   • The person must have stopped the document from being delivered to the intended recipient.
   • This includes physically taking away, hiding, destroying, or misleading the process server.

3. The Act Must Be Intentional –

   • The accused must have knowingly interfered with the legal process.
   • If the failure to serve the document is accidental or unintentional, it is not punishable.

For example, if a person snatches and tears up a court summons meant for someone else, they can be punished under Section 173 IPC.

Punishment

Punishment Under Section 173 IPC

• Simple imprisonment for up to 1 month, OR
• Fine up to ?500, OR
• Both imprisonment and fine