Bharatiya Nyaya Sanhita 2023
Section 209 :
Nonappearance in response to a proclamation under section 84 of Bhartiya Nagarik Suraksha Sanhita 2023 :
(See section 174A of IPC 1860)
Section : 209
Classification of Offence:
Offence : Non-appearance in response to a proclamation under section 84 of this sanhita.
Punishment : Imprisonment for 3 years, or with fine, or with both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first- class.
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Offence : In a case where declaration has been made under sub-section (4) of section 84 of this Sanhita pronouncing a person as proclaimed offender.
Punishment : Imprisonment for 7 years and fine
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first- class.
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Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 84 of the Bhartiya Nagarik Suraksha Sanhita, 2023 shall be punished with imprisonment for a term which may extend to three years or with fine or with both or with community service, 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 be liable to fine.
Indian Penal Code 1860 (IPC 1860)
Section 174A :
1.[Non-appearance in response to a proclamation under section 82 of Act 2 of 1974:
(See section 209 of BNS 2023)
Classification of Offence:
Offence: Failure to appear at specified place and specified time as required by a proclamation published under sub-section (1) of section 82 of Criminal Procedure Code.
Punishment :Imprisonment for 3 years, or fine , or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the First class
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Offence: In a case where declaration has been made under sub-section (4) of section 82 of Criminal Procedure Code pronouncing a person as proclaimed offender.
Punishment :Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the First class
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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, (2 of 1974) 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 be liable to fine.]
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1. Ins. by Act 25 of 2005, s. 44 (w.e.f. 23-6-2005).