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The Supreme Court has held that non-appearance in response to a proclamation is a " stand-alone offence " and can continue even if the proclamation is extinguished. The apex court delivered its verdict on January 2 on an appeal challenging a June 2023 judgement of the Punjab and Haryana High Court. ET Year-end Special Reads Stocks to buy in 2025: 66 ideas from top brokerages for your new year portfolio What does 2025 hold for India's IT services sector? 2025 may be the year of EVs in India, dominated by SUV launches The bench dealt with legal questions, including whether the proclaimed offender status of an accused under the provisions of the CrPC can subsist if he stands acquitted during trial in connection to the very same offence.
"In conclusion, we hold that section 174A IPC is an independent, substantive offence, that can continue even if the proclamation under section 82 CrPC is extinguished. It is a stand-alone offence," a bench of justices CT Ravikumar and Sanjay Karol said. Section 82 of the erstwhile Code of Criminal Procedure (CrPC) deals with proclamation for person absconding.
Section 174A of the erstwhile Indian Penal Code (IPC) pertains to non-appearance in response to a proclamation under section 82 of the CrPC. Artificial Intelligence(AI) Java Programming with ChatGPT: Learn using Generative AI By - Metla Sudha Sekhar, IT Specialist and Developer View Program Artificial Intelligence(AI) Basics of Generative AI: Unveiling Tomorrows Innovations By - Metla Sudha Sekhar, IT Specialist and Developer View Program Artificial Intelligence(AI) Generative AI for Dynamic Java Web Applications with ChatGPT By - Metla Sudha Sekhar, IT Specialist and Developer View Program Artificial Intelligence(AI) Mastering C++ Fundamentals with Generative AI: A Hands-On By - Metla Sudha Sekhar, IT Specialist and Developer View Program Artificial Intelligence(AI) Master in Python Language Quickly Using the ChatGPT Open AI By - Metla Sudha Sekhar, IT Specialist and Developer View Program Marketing Performance Marketing for eCommerce Brands By - Zafer Mukeri, Founder- Inara Marketers View Program Office Productivity Zero to Hero in Microsoft Excel: Complete Excel guide 2024 By - Metla Sudha Sekhar, IT Specialist and Developer View Program Finance A2Z Of Money By - elearnmarkets, Financial Education by StockEdge View Program Marketing Modern Marketing Masterclass by Seth Godin By - Seth Godin, Former dot com Business Executive and Best Selling Author View Program Astrology Vastu Shastra Course By - Sachenkumar Rai, Vastu Shashtri View Program Strategy Succession Planning Masterclass By - Nigel Penny, Global Strategy Advisor: NSP Strategy Facilitation Ltd. View Program Data Science SQL for Data Science along with Data Analytics and Data Visualization By - Metla Sudha Sekhar, IT Specialist and Developer View Program Artificial Intelligence(AI) AI and Analytics based Business Strategy By - Tanusree De, Managing Director- Accenture Technology Lead, Trustworthy AI Center of Excellence: ATCI View Program Web Development A Comprehensive ASP.
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"Then, can the prosecution still proceed against such a person for having not appeared before a court during the time that the process was in effect. The answer is in the affirmative," it said. While referring to the language of section 174A of the IPC, the bench said this implies that the "very instance at which a person is directed to appear, and he does not do so, this section comes into play".
"So, while proceedings under section 174A IPC cannot be initiated independent of section 82, CrPC, that is, can only be started post the issuance of proclamation, they can continue if the said proclamation is no longer in effect," the bench said. (You can now subscribe to our Economic Times WhatsApp channel ).
