Code – Exact Provision
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 Bharatiya 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.
Explanation
Section 209 of the Bharatiya Nyaya Sanhita (BNS), 2023, penalizes individuals who fail to appear in response to a proclamation issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This ensures that persons evading legal proceedings are held accountable.
Key Elements of Section 209 BNS
- Issuance of Proclamation Under Section 84 BNSS
- A person is required to appear before a legal authority via a public proclamation issued under Section 84 BNSS.
- Failure to Appear
- The person deliberately does not appear at the specified place and time despite the proclamation.
- Punishment
- Imprisonment up to 3 years, or
- Fine, or
- Both.
Illustrations
Example 1: Absconding After a Proclamation
A suspect evades arrest and the court issues a proclamation under Section 84 BNSS. The suspect ignores the order and does not appear in court. This makes them liable under Section 209 BNS.
Example 2: Failing to Respond to a Legal Notice
A person involved in a financial fraud case is summoned under a proclamation notice but refuses to attend the hearing. This is an offense under Section 209 BNS.
Example 3: Ignoring a Public Notice by Police
A witness in a criminal case is issued a public notice under Section 84 BNSS to appear in court. If they deliberately avoid appearing, they can be punished under Section 209 BNS.
Common Questions and Answers on Section 209 BNS
1. What is Section 84 BNSS, and how does it relate to Section 209 BNS?
- Section 84 BNSS deals with issuing a proclamation for a person who is absconding.
- Section 209 BNS punishes those who fail to appear after the proclamation is issued.
2. What is the punishment for non-appearance under Section 209 BNS?
A person can face up to 3 years of imprisonment, a fine, or both.
3. Can a person be excused for not appearing under a proclamation?
Yes, if a person has a valid reason (such as a medical emergency), they can inform the court or legal authority. However, avoiding the proclamation without a valid excuse will lead to legal consequences.
4. How is a proclamation under Section 84 BNSS issued?
A proclamation is publicly announced, and the person is legally required to appear within a given time frame.
Conclusion
Section 209 BNS ensures that individuals do not evade the legal process after a proclamation under Section 84 BNSS is issued. Ignoring such legal orders can lead to serious consequences, including imprisonment.
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