§ 174 — Failure to attend in obedience to order from public servant

174.—(1) A person who, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, a notice, an order or a proclamation, proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at the place or time, or departs from the place where the person is bound to attend before the time at which it is lawful for the person to depart, shall —(a)

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

(b)

in any other case, be punished with fine which may extend to $10,000.[15/2019]

(2) If the summons, notice, order or proclamation is to attend in person or by agent 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.Illustrations

(a) A, being legally bound to appear before the General Division of the High Court, in obedience to an order to attend court issuing from the General Division of the High Court, intentionally omits to appear. A has committed the offence defined in this section.

(b) A, being legally bound to appear before a Magistrate as a witness, in obedience to a summons issued by that Magistrate, intentionally omits to appear. A has committed the offence defined in this section.

[15/2019; 40/2019]

[Act 25 of 2021 wef 01/04/2022]

—(1) A person who, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, a notice, an order or a proclamation, proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at the place or time, or departs from the place where the person is bound to attend before the time at which it is lawful for the person to depart, shall —(a)

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

(b)

in any other case, be punished with fine which may extend to $10,000.[15/2019]

(2) If the summons, notice, order or proclamation is to attend in person or by agent 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.Illustrations

(a) A, being legally bound to appear before the General Division of the High Court, in obedience to an order to attend court issuing from the General Division of the High Court, intentionally omits to appear. A has committed the offence defined in this section.

(b) A, being legally bound to appear before a Magistrate as a witness, in obedience to a summons issued by that Magistrate, intentionally omits to appear. A has committed the offence defined in this section.

[15/2019; 40/2019]

[Act 25 of 2021 wef 01/04/2022]