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What happens if I do not appear in court even after receiving summons as an accused in a criminal case?

What happens if I do not appear in court even after receiving summons as an accused in a criminal case?

If a person does not appear before the criminal court on the day mentioned in the summons served upon him, then the court may issue bailable warrants against him to ensure that next time he appears before the court.

However, if the person concerned does not appear even on the next date, despite service of bailable warrants upon him, the court may take a serious view and may issue non-bailable warrants against him to compel his appearance before the court on the next date.

However, if the person concerned does not appear even after issuance of non-bailable warrants against him, the court may draw a inference that he has absconded and is concealing himself deliberately so that the warrant can not be executed.

In such a situation, the court may proceed under Section 82 CrPC and declare him as Proclaimed Offender (PO) by publishing a notice under section 82 in the newspaper and affixing a copy thereof in the area of the person concerned. The court may simultaneously order for attachment of the property ( moveable or immoveable) of the person concerned. If later on, at a subsequent stage, the person concerned is traced out, he is produced before the court and if the court is not satisfied with his explanation for his non-appearance on earlier occasions, the court may send him to jail.

Thereafter, the case proceedings would start from the stage at which these were when the summons were issued against the aid person. One must remember that if summons are sent by registered post, then endorsement by postman that the witness refused to take the delivery of the summons may be treated by the court as due service of summons (Section 69).


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