Ignored a court summons? Not attending is a crime.

Myth or fact?

What people often think.

• Myth: A summons is just a request. Nothing happens if I skip it.
• Fact: If you are legally bound to attend and intentionally stay away, it is an offence (PPC s.174).

The law.

Section 174, PPC.

“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, as such public servant to issue the same, intentionally omits to attend at that place or time, departs from the place where he is bound to attend before the time at which it is lawful for him to depart ...”

Pakistan Penal Code, 1860 · Section 174, Non-attendance in obedience to an order from public servant

Two ways to commit it.

Both are in section 174.

• Not comingIntentionally not attending at the place or time set.
• Leaving earlyDeparting before the time it is lawful to leave.

Three levels.

The prison terms, s.174.

• Public servantSimple imprisonment up to 1 month, or fine, or both.
• A CourtSimple imprisonment up to 6 months, or fine, or both.
• s.87 proclamationImprisonment up to 3 years, or fine, or both.

Even as a witness.

Illustration (b) to section 174.

• The factsA is bound to appear before a Zila Judge as a witness, on a summons.
• The actA intentionally omits to appear.
• The resultA has committed the offence in this section.

Quick quiz. The arrest.

Guess first, then swipe for the answer.

• A. Yes, at once
• B. No, not without a warrant
• C. Only at night

Answer: B. Schedule II.

Section 174, CrPC Schedule II.

• The tableShall not arrest without warrant. Summons. Bailable.
• Not compoundableIt cannot be settled privately between the parties.

Who can complain?

Section 195(1)(a), CrPC.

• The ruleNo Court takes cognizance of ss.172 to 188 PPC without a complaint in writing.
• By whomThe public servant concerned, or one he is subordinate to.

Got a summons?

Three steps, in this order.

• Read itWho issued it, the place, the date and the time.
• AttendIn person, or by agent if the summons allows it.
• Can't make it?Tell the Court in time, through an advocate.

A summons at home?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• I got a court summons as a witness but I am abroad. What happens if I do not go?
• What is the punishment under section 174 PPC for not appearing in court?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 174
  Non-attendance in obedience to an order from public servant Pakistan Code