IPC Section 174A — Non-appearance in response to a proclamation under section 82 of Act 2 of 1974

contempt's the lawful authority public servants

Criminal

Punishment

Imprisonment up to 3 years and fine

As the section puts it: “shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub‑section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine”

Summary

If a person does not appear at the time and place mentioned in a court-issued public notice under section 82 of the Criminal Procedure Code, they can be punished with up to three years in jail, a fine, or both. If the court has already declared that person a proclaimed offender under that same section, the punishment increases to up to seven years in jail, and a fine must also be imposed.

Official Text

Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub‑section (1) of section 82 of the Code of Criminal Procedure, 1973, shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub‑section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Sections referred to

Related Judgments

  • SUNITA SHARMA vs STATE — Delhi High Court (2018)
  • Kumar; Ms.Priya; Hingorani; Mr.Akhand; Pratap; Mr.Chandra Bhushan Advo vs STATE — Delhi High Court (2017)
  • AJAY KUMAR PANDEY vs STATE — Delhi High Court (2017)
  • SANJAY BHANDARI vs STATE (NCT OF DELHI) — Delhi High Court (2018)
  • Arun; Rathi; and; Mr.; Summinder; Paswan; Advocates vs GOVT OF NCT OF DELHI & ANR — Delhi High Court (2021)
  • GAURAV SAXENA vs STATE GOVT OF NCT OF DELHI & ANR — Delhi High Court (2016)

Old <-> New Code Mapping

  • BNS §209 — Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023