Section 209 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 209 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the offense of non-appearance in response to a proclamation issued under Section 84 of the same Act.
📜 Text of Section 209
209. Non-appearance in response to a proclamation under section 84
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. 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.
⚖️ Legal Context and Comparison
Section 209 is closely related to Section 84 of the BNSS, 2023, which pertains to the proclamation of an individual as a proclaimed offender. The section outlines the consequences for individuals who fail to comply with such proclamations. This provision is in line with the principles of ensuring accountability and compliance with legal processes.
🧭 Practical Implications
Non-Compliance Before Proclaimed Offender Status: If an individual fails to appear as required by a proclamation under Section 84(1), they may face a penalty of up to three years' imprisonment, a fine, or both, or community service
Non-Compliance After Proclaimed Offender Status: If the individual has been declared a proclaimed offender under Section 84(4) and still fails to appear, the offense is considered more serious, attracting a penalty of up to seven years' imprisonment and a fine.
Cognizability and Bail: The offense under Section 209 is cognizable, meaning the police can arrest the individual without a warrant. It is also non-bailable, indicating that the accused cannot obtain bail as a matter of right and must apply to the court
Trial Jurisdiction: The offense is triable by a Magistrate of the first class, excluding Executive Magistrates.
🔍 Summary
Section 209 of the BNSS, 2023, serves to enforce compliance with legal proclamations by imposing escalating penalties for non-appearance. It underscores the importance of adhering to legal summons and the serious consequences of evading such obligations.
RELATED Blog
0 comments