Back to Penal Code 1871

Section history

Section 173 — Preventing service of summons, etc., or preventing publication thereof

As in force on 30 May 2025.

Timeline 4 versions
  1. 30 March 1987 Enacted
  2. 1 February 2008 Act 51 of 2007
  3. 1 January 2020 Act 15 of 2019
  4. 30 May 2025 You are here
  5. 17 August 2026 Latest
173.Preventing service of summons, etc., or preventing publication thereof

(1)A person who in any manner —

(a)intentionally prevents the serving on himself, or on any other person, of any summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order;

(b)intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed; or

(c)intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,

shall —

(d)in the case of an individual, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or

(e)in any other case, be punished with fine which may extend to $10,000.

(2)If the summons, notice, order, or proclamation is to attend in person or by agent before a court, or to produce a document or an electronic record before a court, any person who is guilty of an offence under subsection (1) shall —

(a)in the case of an individual, be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $5,000, or with both; or

(b)in any other case, be punished with fine which may extend to $10,000.