CrPC Section 127

Section 127 of the Code of Criminal Procedure (CrPC), India

Section 127: Proclamation for person absconding or concealing himself to be issued by superior Magistrate

Text:

"Where a person against whom a warrant or summons has been issued—
(a) absconds or conceals himself to avoid the service of the warrant or summons; or
(b) having been served with the summons, willfully neglects to comply with the requisitions of such summons,

a superior Magistrate may issue a proclamation requiring such person to appear at a time and place to be specified in the proclamation."**

Explanation:

This section applies when a person evades legal process by either hiding or willfully ignoring a summons or warrant.

The superior Magistrate (higher in rank than the one who issued the summons/warrant) can issue a public proclamation demanding the person’s appearance.

The proclamation states when and where the person must appear.

Purpose:

To formally notify the public and the concerned individual about the legal requirement to appear.

To pressurize the absconding person to comply with the law.

Acts as a preliminary step before more stringent action like arrest.

Subsequent Steps:

If the person does not comply with the proclamation, the Magistrate may issue a warrant of arrest.

Proceedings may continue even in the absence of the person.

Example:

If someone ignores a court summons for multiple hearings and cannot be found, a superior Magistrate can issue a proclamation under Section 127 calling for their appearance.

 

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