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How notice can be serve to the person who has absconded


06-Sep-2023 (In Criminal Law)
if the accused person lives in nepal and offence made in india and bail was grant in india . if the accused person abscond in trial then how the notice serve to the accused person in nepal.
Answers (3)

Answer #1
814 votes
if you know the address of the accused in Nepal, then you can ask the court for extradition proceedings with Nepal Embassy, but this procedure is a very long process and if the crime is not grave then the govt. may also not look into the matter. you can initiate Section 82 proceeding against the accused.
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Answer #2
554 votes
If bail has been granted, then his address details would be present in court file and notice\summons\NBW will be sent on that address and police of his district will be asked to arrest him in case of NBW or if he ignores summons or requirement to be present in court on due date and time, this is part of legal process in criminal proceedings and you need not worry on this account.
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Answer #3
531 votes
Indian Penal Code 1860 Section 172 states
Absconding to avoid service of summons or other proceeding
Whoever absconds in order to avoid being served with a summons, notice or order, proceeding form any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

or, if the summons or notice or order is to attend in person or by agent, or to *[produce a document or an electronic record in a Court of Justisce], with simple imprisonment for a term which may extend to six month, or with fine which may extend to five hundred rupees, or with both;

* Subs. by Act 21 of 2000, sec. 91 and Sch. I, for "produce a document in a Court of Justice"
Notice can be send on the last known place of residence of accused with an postal acknowledgment receipt .Since the absconder knows that he is in bail and a trial is going on the offence is Non Cognizable-Bailable but not Compoundable
The acknowledgment copy will come to you it will have a reason of denial such as
1. Notice refused by the party –This is presumed that the accused has sufficient knowledge of the matter and legally it deems that the notice is served to him.
2. Party not in station arrival not known- Will be deemed as sufficient delivery of notice

Here you can plea under Indian Penal Code 1860 Section 173 which states
Preventing service of summons or other proceeding, or pre¬venting publication thereof.
Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hun¬dred rupees, or with both; or, if the summons, notice, order or proclamation is to attend in person or by agent, or 1[to produce a document or electronic record in a Court of Jus¬tice], with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
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