Supreme Court Rules on Stand-Alone Offence of Non-Appearance

The Supreme Court has declared non-appearance in response to a proclamation a 'stand-alone offence' that persists even if the proclamation is nullified. This verdict arose from a case challenging a June 2023 judgment by the Punjab and Haryana High Court. The court clarified that Section 174A IPC is independent evidence of the offence.

The Supreme Court has declared that failing to appear in court in response to a legal proclamation remains a 'stand-alone offence,' even if the proclamation is later nullified, as per its verdict delivered on January 2. This ruling emerged from an appeal against a June 2023 decision by the Punjab and Haryana High Court.

The ruling addressed key legal questions, notably whether the status of a proclaimed offender under the Criminal Procedure Code (CrPC) can persist if the individual is acquitted during the trial for the same offence. It concluded that Section 174A of the Indian Penal Code (IPC) is a substantive offence that stands independently, even when the CrPC's Section 82 proclamation is no longer applicable.

The bench of justices CT Ravikumar and Sanjay Karol affirmed that proceedings under Section 174A cannot begin without a Section 82 issuance but can proceed independently after the proclamation's expiration. The court's interpretation underlines that the purpose is to ensure compliance with court orders.

(With inputs from agencies.)