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

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.

IPC Section 174A: Explained In Simple Terms

Section 174A of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) was incorporated into the IPC through the Amendment Act 25 in 2005 (w.e.f. 23.06.2006). It is basically designed to cover cases where accused persons deliberately avoid courts when proclaimed under Section 82 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “CrPC”).

Section 174A relates to the punishment where a person fails to appear in response to a judicial proclamation under Section 82 of the CrPC. According to Section 82 of the CrPC, the procedures to be followed for making a proclamation against an absconding or evading accused are specified. If a person cannot be brought into the court by summons or warrant, the police or court can make a proclamation under Section 82.

Section 174A criminalises two levels of nonobedience to a court proclamation:

• Basic Non-Appearance: When a person has been summoned to appear before a court subsequent to the issue of proclamation under Section 82(1) of the CrPC and fails to appear at the court, he shall be liable to imprisonment which may extend to three years, or with fine or, with both.
• Declared a Proclaimed Offender: However, if the non-conforming person is further declared a “proclaimed offender” under Section 82(4), then he would be liable to be imprisoned up to seven years along with a mandatory fine.

This graduated punishment makes a difference between mere non-compliance with court summons and an overt evasion of the law, particularly for persons accused of serious criminal offences.

Key Terms In IPC Section 174A

• Non-appearance- Failure to appear before the Court after a proclamation has issued under Section 82 of the CrPC results in this offence.
• Proclamation under Section 82 of CrPC- When a person against whom a warrant of arrest has been issued and he cannot be found, the Court may issue a proclamation directing that person to appear at a specified time and place.
• Specified Time and Place- Section 82 of CrPC provides for specific details to be provided in the proclamation, which informs the individual when and where he must appear in answer to such proclamation.
• Proclaimed Offender- When a person fails to appear subsequent to the issuance of the proclamation under Section 82, the Court has the power to declare him as a proclaimed offender.
• Punishment- Punishment varies depending upon the stage of the proceedings:
  • Imprisonment upto 3 years, or fine, or with both, if no proclamation offender status has been declared.
  • Imprisonment upto 7 years and fine , if the person has been declared as a proclaimed offender.

Key Details of IPC Section 174A

Practical Application Of Section 174A

Suppose a man, who committed a criminal offence, did not appear in the court whenever summoned. Upon summons from the court several times, along with an arrest warrant, he is still nowhere found. The Court issues a proclamation under Section 82 of the CrPC publicly proclaiming the appearance of such a person on a particular day and hour at a stated place. In case, he does not respond to such a proclamation, then Section 174A is invoked with three years' imprisonment against that person. If this happens once again, he becomes a proclaimed offender and the punishment would be imprisonment up to seven years with fine.

Case Law And Judicial Interpretations

Sumit And Anr. vs. State Of U.P. And Ors. (2024)

The Allahabad High Court, in this case held that the proceedings under Section 174A of the IPC could be initiated only on the basis of a written complaint submitted by the Court which had earlier initiated proceedings under Section 82 of the Cr.P.C. against the accused. FIR lodged under Section 195(1)(a)(i) of Cr.P.C is precluded by Section 174A IPC.

FAQs For IPC Section 174A

1. What is IPC Section 174A?

IPC Section 174A deals with the offense of willfully disobeying a court order or summons. It is applicable when an individual who has been proclaimed as an offender by the court fails to appear as required, after being duly notified or summoned by a public proclamation. This section ensures that individuals comply with legal summonses or face penal consequences.

2. What is the punishment comes under IPC Section 174A?

Under Section 174A of the Indian Penal Code (IPC), failing to appear as required by a proclamation can result in imprisonment for up to three years, a fine, or both. If declared a proclaimed offender, the punishment increases to seven years of imprisonment and a fine. The offense is non-bailable, meaning bail is at the court's discretion, not an automatic right.

3. What happens if someone is falsely accused under IPC Section 174A?

If a person is falsely accused of failing to appear as ordered under IPC Section 174A, they can present evidence to show that they were either not served the summons properly or had a valid reason for not attending (e.g., illness, emergency). Courts will review the evidence and determine if the person’s non-appearance was truly willful or if there was a legitimate excuse.

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