Section 207: Preventing Service of Summons or Publication Thereof

Bharatiya Nyaya Sanhita • Chapter XI: Of Offences by or Relating to Public Servants • Official Statutory Text & Legal Guide

Chapter XI: Of Offences by or Relating to Public Servants
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 173 IPC

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 207 BNS
Preventing Service of Summons or Publication Thereof
Simple imprisonment up to 1 month, or fine up to ₹5,000, or both (up to 6 months if Court summons). Bailable Non-Cognizable Any Magistrate Formerly Sec 173 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 207

Section 207 punishes any person who intentionally prevents the service on themselves or any other person of any summons, notice, or order lawfully issued by a public servant, or who prevents its publication.

  • Lawful Process: Summons, notice, or proclamation lawfully issued by a competent public authority.
  • Act of Prevention: Physical refusal to receive, tearing down affixed notices, intimidating process servers, or obstructing proclamation drumming.
  • Intentional Obstruction: The prevention must be conscious and intentional, designed to thwart legal notice.
Key Landmark Precedents:
  • G.M. Vashist v. State (1994) 1 SCC 281: Emphasised that process servers are officers of the court, and violent resistance to service of court notices constitutes criminal obstruction punishable under contempt and penal law.
  • Ram Ghulam v. Emperor AIR 1926 All 512: Held that refusing to accept an open summons handed over by a bailiff does not by itself constitute 'prevention' unless accompanied by physical obstruction or tearing away.
Courtroom Practice & Strategic Litigation Guidance:

The bailiff's or process server's contemporaneous service return report is the core prosecution document. Cross-examination must test whether substitute service procedure under Section 67-69 BNSS was properly complied with.