Non-appearance in response to a proclamation under section 82 of Act of 2023
BNS section 209 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, addresses the offense of non-appearance in response to a proclamation under section 84 of the BNSS.
Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 84 of the Bhartiya Nagarik Suraksha Sanhita, 2023 shall be punished with imprisonment for a term which may extend to three years or with fine or with both or with community service, 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.
BNS-209: Non-Appearance in Response to a Proclamation
Key Points
1. Purpose of the Law
BNS-209 addresses the consequences for individuals who fail to appear in response to a legal proclamation. It aims to ensure compliance with legal proceedings, particularly in cases involving absconders.
2. Legal Obligations
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Proclamation Requirements: The law applies when a person is required to appear at a specified time and place due to a proclamation published under sub-section (1) of section 84 of the Bhartiya Nagarik Suraksha Sanhita, 2023.
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Intentional Omission: The law targets those who intentionally neglect this obligation.
3. Penalties for Non-Compliance
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General Penalty for failing to appear: Imprisonment for up to three years, a fine, or both. Community service may also be imposed as an alternative punishment.
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Enhanced Penalty for Proclaimed Offenders: If a person has been declared a proclaimed offender under sub-section (4) of section 84, the punishment increases to up to seven years of imprisonment and a fine.
4. Significance
This section underscores the seriousness of legal summons and emphasizes the consequences of non-compliance, thereby reinforcing the integrity of the legal process.
Offence : Non-appearance in response to a proclamation under section 84 of this Sanhita.
Punishment : Imprisonment for 3 years, or fine, or both, or community service.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Magistrate of the first class.
Offence : In a case where declaration has been made under sub-section (4) of section 84 of this Sanhita pronouncing a person as proclaimed offender.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Magistrate of the first class.
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