IPC Section 174A of the Indian Penal Code (IPC) deals with the “Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.” This section explicitly targets individuals who fail to appear at a specified place and time as required by a proclamation issued under section 82 of the Code of Criminal Procedure, 1974. Section 82 typically involves cases where an accused person is absconding or concealing themselves to avoid arrest, and a proclamation is issued for them to appear in court.
IPC Section 174A: Simplified Explanation
This offence ensures that individuals who intentionally evade the legal process, especially those who are declared absconders, comply with court orders. It’s a critical part of maintaining the effectiveness of the judicial system.
Is IPC Section 174A bailable?
IPC Section 174A is a non-bailable offence. This categorization means that the court must exercise discretion to grant bail, and it is not an automatic right for the accused.
IPC Section 174A Punishment
The Punishment for an offence under IPC Section 174A varies depending on the specifics of the non-appearance:
- Suppose the non-appearance is in response to a proclamation for an offence punishable with death, imprisonment for life, or imprisonment for a term of seven years or more. In that case, the punishment is imprisonment for a term that may extend to three years, and the person shall also be liable for a fine.
- Suppose the non-appearance is in response to a proclamation for any other offence. In that case, the punishment is imprisonment for a term that may extend to one year, and the person shall also be liable for a fine.
Example of IPC Section 174A
A real-life example of IPC Section 174A would be a case where an individual accused of a severe crime such as fraud or theft and facing potential imprisonment for more than seven years becomes aware of a proclamation issued under section 82 requiring their appearance in court. Instead of complying, the individual goes into hiding or leaves the jurisdiction to avoid arrest and court proceedings, thereby committing an offence under this section.
