IPC Section 130
IPC Section 130 – Punishment for Absconding to Avoid Arrest or Trial
What does Section 130 say?
Section 130 provides punishment for a person who absconds or conceals themselves to avoid arrest, trial, or punishment for an offence.
It states:
“Whoever absconds or conceals himself, in order to avoid arrest or trial, or to avoid punishment, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
Explanation in Detail:
Who is Covered?
Any person who has committed or is accused of committing an offence.
The section applies when such a person deliberately avoids being caught by law enforcement or the courts.
Meaning of Absconding or Concealing:
Absconding: Running away or hiding to evade arrest.
Concealing: Staying hidden or secretive to prevent discovery.
Purpose of Absconding:
To avoid arrest by the police or other authorities.
To evade trial – avoiding court proceedings.
To escape punishment after conviction or pending trial.
Punishment:
Imprisonment (simple or rigorous) for up to 2 years, or
Fine, or
Both imprisonment and fine.
Why is Section 130 Important?
It acts as a deterrent against fleeing from justice.
Ensures that accused persons face trial and punishment without trying to escape the legal process.
Helps maintain the integrity and effectiveness of the criminal justice system.
Example:
A person accused of theft runs away from their home and hides to avoid arrest.
A convicted person escapes from prison and stays in hiding.
In both cases, Section 130 can be applied to punish the act of absconding.
Summary:
| Aspect | Details |
|---|---|
| Who is punished? | Persons who abscond or conceal themselves to avoid arrest, trial, or punishment |
| What acts? | Running away, hiding, or concealing oneself |
| Punishment | Imprisonment up to 2 years, fine, or both |
| Purpose | Prevent evasion of justice and ensure accountability |
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