Bailabel Type : non-bailable

Description

Introduction

When a person fails to appear before a court despite multiple summons and warrants, the court may declare them a proclaimed offender under Section 82 of the Code of Criminal Procedure (CrPC), 1973. Section 174A IPC punishes individuals who ignore such proclamations and continue to evade arrest or legal proceedings.

This law ensures that fugitives cannot escape justice by simply avoiding court orders.

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Key Elements of Section 174A IPC

1. A Proclamation Must Have Been Issued Under Section 82 CrPC –

   • A court must have officially declared the accused as a proclaimed offender.
   • The proclamation is issued when the person has deliberately evaded summons, warrants, or legal proceedings.

2. The Person Must Have Failed to Appear –

   • The accused must have intentionally ignored the proclamation by not surrendering within the given time.

3. The Proclamation Must Be Related to a Criminal Case –

   • The law applies only when the person is evading legal proceedings in a criminal case.

For example, if a court issues a proclamation declaring a suspect as a proclaimed offender in a murder case, and they still do not appear, they can be punished under Section 174A IPC.

Punishment

Punishment Under Section 174A IPC

1. If the person fails to appear after being declared a proclaimed offender:

   • Imprisonment for up to 3 years, AND
   • Fine

2. If the person fails to appear for any other case (not declared a proclaimed offender):

   • Imprisonment for up to 1 year, OR
   • Fine, OR
   • Both imprisonment and fine