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an accused person against whom an FIR is filed has been absconding


16-Dec-2023 (In Criminal Law)
What if an accused person against whom an FIR is filed has been evading/ absconding ever since the day of the commission of a cognizable offense ? does a court issue summons and then warrant ? kindly let me know the procedure
Answers (2)

Answer #1
606 votes
the procedure a person evading arrest is given elaborately in the procedural law governing criminal cases. the processes governing compelling an accused to be present in court are as follows:
1. summons
2. bailable warrants
3. non bailable warrants
4. proclamation (PO)
5. attachment

the first 3 stages are well known. if an accused does not come to the police station, the police can request for warrants of arrest, which initially are bailable and if the accused still does not come, the court issues non bailable warrant.

if the accused is still absconding, the court then starts proceedings under section 82 CrPC, which is very severe. it's called the proceedings pertaining to declaration as proclaimed offender. if that happens, the accused will not get bail from any court and will be arrested anywhere he is spotted.

if even after declaration of proclamation he does not appear, the court will attach his properties and sell it off.
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Answer #2
750 votes
hello sir, I had gone through your query. the court issues warrant against him and would start the proceedings of s. 82 crpc against the accused/absconder. for further help and guidance you can contact me.
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