What is Section 174A IPC? Non-appearance in response to a proclamation under section 82 of CrPC
Published on: Lawiz Team
Detailed explanation of Section 174A IPC: Non-appearance in response to a proclamation under section 82 of CrPC.
Official Legal Text
Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973, shall be punished with imprisonment for a term which may extend to three years or with fine or with both, 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 ...
What This IPC Section Means – Explained in Simple Words
Section 174A punishes any person who fails to appear in response to a proclamation issued under Section 82 of the Code of Criminal Procedure, 1974.
Purpose
To ensure that individuals appear in court when summoned under a public proclamation.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 3 years and fine, if proclaimed for an offence punishable with death, imprisonment for life or imprisonment for 7 years or more; Imprisonment up to 1 year and fine, for other offences.
Key Elements
Failure to appear in response to a proclamation issued under Section 82 of CrPC.
Punishment Details
Imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Legal Defenses
If the person can prove they were unaware of the proclamation or had a valid reason for not appearing.
Judicial Interpretation
Courts ensure the proclamation was properly issued before penalizing the individual.
Illustration
If a person fails to appear in court despite a public proclamation, they can be punished under Section 174A.
FAQs
What does Section 174A IPC define?
Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.
Where is Section 174A IPC applicable?
It applies to offences related to elections, public service duties, and lawful procedures.
Why is Section 174A IPC important?
It ensures fairness in elections, honesty in public dealings, and compliance with lawful summons.
Give an example involving Section 174A IPC.
Cases like election bribery, refusal to attend court after summons, or false statements under oath.
What punishment is applicable under Section 174A IPC?
Punishment varies from fines to imprisonment depending on the offence seriousness.
Are there related sections linked with Section 174A IPC?
Yes, it relates to public order, election integrity, and criminal procedure compliance.
How have courts interpreted Section 174A IPC?
Courts interpret strictly to protect democratic processes and ensure lawful public conduct.