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INDIAN KANOON SECTION 174A IPC - Indian Penal Code - Non-appearance in response to a proclamation under section 82 of Act 2 of 1974

  • Description

    Whoever


    Applicable Offences

    1. Failure to appear at specified place and specified time as required by a proclamation published under Sub-Section 1 of section 82 of this Code
    Punishment - 3 Years or Fine or Both
    This is a Non-Bailable, Cognizable offence and triable by Magistrate First Class

    2. In a case where declaration has been made under Sub-Section 4 of section 82 of this Code pronouncing a person as proclaimed offender
    Punishment - 7 Years + Fine
    This is a Non-Bailable, Cognizable offence and triable by Magistrate First Class

    This offence is NOT compoundable.


    1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

    2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

    3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

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Advocate Arjun Vinod Bobde

  Supreme Court of India
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  Nagarathpete
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  Greater Kailash 1
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