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IPC Section 174A - Non-appearance in response to a proclamation under section 82 of Act 2 of 1974
Last Updated: 01 Apr, 2025
By Advocate Chikirsha Mohanty
(New punishment of "as with community service” is added in regard to proclamation under section 84(1)BNSS [82(1) CrPC].)
Please refer to BNS 209 for updated procedures & punishments.
IPC 174A in Simple Words
If someone doesn't appear at the specified place and time as required by a proclamation published under section 82 of the Code of Criminal Procedure, they can be punished with up to three years of imprisonment, a fine, or both; if declared a proclaimed offender, the punishment can be up to seven years of imprisonment and a fine.
Non-appearance in response to a proclamation under section 82 of Act 2 of 1974
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| 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 | 3 Years or Fine or Both | Cognizable | Non-Bailable | Magistrate First Class |
| In a case where declaration has been made under Sub-Section 4 of section 82 of this Code pronouncing a person as proclaimed offender | 7 Years + Fine | Cognizable | Non-Bailable | Magistrate First Class |
Offence : 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
Cognizance : Cognizable
Bail : Non-Bailable
Triable : Magistrate First Class
Offence : 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
Cognizance : Cognizable
Bail : Non-Bailable
Triable : Magistrate First Class
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Frequently Asked Questions
What is 174A IPC?
If a proclamation is published in accordance with subsection (1) of Section 82 of the Code of Criminal Procedure 1973, anyone who fails to appear as specified at the specified location and time, will be punished by imprisonment of up to three years, or a fine, or both.
What is the IPC Act 174?
Non-compliance with a court order to appear in person, by agent or without authority. The order may require personal attendance in court, etc. One month of simple imprisonment or a fine of 500 rupees or both.
What is Section 174 175 of the IPC?
A person who is required by law to appear in a particular place at a specific time to respond to a notice, an order or a proclamation issued by a public official, but deliberately fails to do so or leaves the area before that time can be punished up to a month in prison, with a fine up to 500 rupees or both.
What is the punishment for a proclaimed offender?
The list of crimes for which an individual may be declared a "proclaimed offender" under section 82(4) CrPC, is limited to certain IPC offenses. These offences are all punishable by imprisonment for seven, ten, or life years. 6 Nov 2023
