Bailabel Type : bailable

Description

Introduction

Public servants, such as police officers, magistrates, or other government authorities, have the legal power to summon individuals for inquiries, investigations, or court hearings. If a person deliberately refuses to appear despite receiving a lawful order, they can be punished under Section 174 IPC.

This law ensures that people do not ignore legal obligations and cooperate with public authorities when required.

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Key Elements of Section 174 IPC

1. A Public Servant Must Have Issued a Lawful Order –

   • The order must be legally valid and come from an authorized public servant.

2. The Person Must Have Been Legally Bound to Appear –

   • The person must be required by law to attend an investigation, hearing, or inquiry.
   • Example: A witness summoned to testify in court must appear.

3. The Accused Must Have Willfully Disobeyed the Order –

   • The absence must be intentional (not due to unavoidable circumstances like illness or an emergency).

For example, if a person is ordered by a magistrate to appear for questioning but deliberately refuses, they can be punished under Section 174 IPC.

Punishment

Punishment Under Section 174 IPC

1. For failing to appear when legally required:

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

2. If the order was related to a criminal case:

   • Simple imprisonment for up to 6 months, OR
   • Fine up to ?1,000, OR
   • Both imprisonment and fine