The Supreme Court has accepted that not appearing in a case even after being declared a fugitive is a separate crime and the trial of this crime can proceed even after the path to declare a fugitive is cancelled. The Supreme Court gave its verdict on January 2 on the enchantment difficult the June 2023 determination of the Punjab and Haryana High Court.
The bench thought of authorized questions, together with whether or not the standing of an accused declared a felony underneath the provisions of the Indian Code of Criminal Procedure (CRPC) can proceed even when he is tried in respect of the identical offence. Is acquitted throughout.
Justice C.T. A bench of Justices Ravikumar and Sanjay Karol said, ‘We have come to the conclusion that part 174A of the Indian Penal Code (IPC) is a separate, substantive offense which is liable to be withdrawn underneath part 82 of the CrPC. May proceed even after. This is a completely different crime.’
Section 82 of the erstwhile Code of Criminal Procedure (CrPC) offers with declaring a particular person a fugitive. Section 174A of the erstwhile Indian Penal Code (IPC) handled non-appearance after being declared a fugitive underneath Section 82 of the CrPC."text-align: justify;">The bench said, ‘The object of Section 82 CrPC, as will be understood from a studying of the statutory textual content, is to make sure that a one who is summoned to seem earlier than the court docket does so.’ The Supreme Court said that the thing and goal of Section 174A of the Indian Penal Code is to make sure penal penalties for disobedience to a court docket order requiring the attendance of a particular person.
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