The Supreme Court has held that non-appearance in
response to a proclamation is a "stand-alone offence" and can continue
even if the proclamation is extinguished.
The apex court delivered its verdict on January 2 on
an appeal challenging a June 2023 judgement of the Punjab and Haryana High
Court.
The bench dealt with legal questions, including
whether the proclaimed offender status of an accused under the provisions of
the CrPC can subsist if he stands acquitted during trial in connection to the
very same offence.
"In conclusion, we hold that section 174A IPC
is an independent, substantive offence, that can continue even if the
proclamation under section 82 CrPC is extinguished. It is a stand-alone
offence," a bench of justices CT Ravikumar and Sanjay Karol said.
Section 82 of the erstwhile Code of Criminal
Procedure (CrPC) deals with proclamation for person absconding.
Section 174A of the erstwhile Indian Penal Code
(IPC) pertains to non-appearance in response to a proclamation under section 82
of the CrPC.
"The purpose of section 82 CrPC, as can be
understood from a bare reading of the statutory text is to ensure that a person
who is called to appear before a court, does so," the bench said, adding
that the object and purpose of section 174A of the IPC was to ensure penal
consequences for defiance of a court order requiring a person's presence.
It noted what happens if the status under section 82
of the CrPC was nullified, that is, the person subjected to such proclamation,
by virtue of subsequent developments was no longer required to be presented
before a court of law.
"Then, can the prosecution still proceed
against such a person for having not appeared before a court during the time
that the process was in effect. The answer is in the affirmative," it
said.
While referring to the language of section 174A of
the IPC, the bench said this implies that the "very instance at which a
person is directed to appear, and he does not do so, this section comes into
play".
"So, while proceedings under section 174A IPC
cannot be initiated independent of section 82, CrPC, that is, can only be
started post the issuance of proclamation, they can continue if the said
proclamation is no longer in effect," the bench said.