The Law relating to absconding and Absconders

Hello everyone!

Welcome to an episode of the Criminal justice system. In today's video, we'd be understanding the concept of Absconder (Fugitive of the court).

The term “abscond” with its derivatives is not defined in the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code) although it occurs in several Sections viz Sections 87, 90 (a) and 512 of the Code and Section 172 of the Pakistan Penal Code 1860. Section 87 (1) of the Code provides that if any Court has reason to believe after taking evidence that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation, requiring him to appear at a specified place and time before it not less than thirty days from the date of publication of such proclamation. Under Section 88 of the Code, the property of person absconding is attached. The Court issuing a proclamation under Section 87 may at any time order the attachment of any property, movable or immovable or both, belonging to the proclaimed person. Similarly, under Section 90 (a) of the Code, a Court may in lieu of the summons for the appearance of any person, issue a warrant for his arrest, if it sees reasons to believe that he has absconded or will not obey the summons.

1. Insertion of Section 172-A, in the Pakistan Penal Code:

“172-A. Whoever absconds in order to avoid being served with any process issued by any Court or in any manner prevents, avoids or evades the service on himself of such process or conceals himself to screen himself from the punishment shall be guilty of an offence punishable with imprisonment which may extend to three years.”

2. Insertion of Section 540-B, Code of Criminal Procedure, 1898:

“540-B (1). No accused person shall be convicted under Section 172-A of the Pakistan Penal Code unless a proclamation under Section 87 of this Code has been published in respect of him, in at least three National Daily Newspapers out of which one shall be in the urdu language requiring him to appear at a specified place and specified time within seven days failing which action may also be taken against him.

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