Indian Penal Code – 174A: Non-Appearance in Response to Section 82 Proclamation (Act 2 of 1974)
1. State the Code
Section 174A of the Indian Penal Code (IPC), as amended by Act 2 of 1974, deals with the offense of non-appearance in response to a proclamation issued under Section 82 of the CrPC. This section was introduced to provide a legal framework to address the situation when an accused person avoids appearing in court despite being summoned.
2. Explanation
Section 82 of the CrPC empowers a Magistrate to issue a proclamation for the appearance of a person accused of an offense. This proclamation is published in a local newspaper and is also affixed at a prominent place in the accused’s usual place of residence. The accused is required to appear before the court within a specified time period.
Section 174A of the IPC states that if a person, after being duly served with the proclamation under Section 82, fails to appear before the court within the stipulated time, they are deemed to have committed an offense punishable with imprisonment for a term which may extend to one month, or with fine, or with both.
3. Illustration
Imagine a situation where a person named ‘X’ is accused of theft. The Magistrate issues a proclamation under Section 82, calling upon ‘X’ to appear in court within 30 days. The proclamation is published in a local newspaper and is also affixed at ‘X’s residence. Despite this, ‘X’ does not appear before the court within the specified time period. In this case, ‘X’ has committed an offense under Section 174A of the IPC and can be punished accordingly.
4. Common Questions and Answers
Q: What is the purpose of Section 174A of the IPC?
A: Section 174A aims to ensure the appearance of accused persons in court and to punish those who deliberately avoid attending court proceedings.
Q: What are the consequences of non-appearance in response to a Section 82 proclamation?
A: Non-appearance can result in imprisonment for up to one month, a fine, or both. This is in addition to the punishment for the original offense.
Q: Can a person be punished under Section 174A even if they have a valid reason for non-appearance?
A: Yes, but the court has the power to consider the circumstances and decide whether to impose a punishment. The accused can present evidence to justify their absence.
