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Code of Criminal Procedure, 1973 Section 82

Title: Proclamation for Person Absconding

State: Central

Year: 1973

.....of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860) and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect. (5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).] ___________________________ 1. Inserted vide The Code of Criminal Procedure (Amendment) Act, 2005

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Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Section 8

Title: Powers in Relation to Absconding Persons

State: Central

Year: 1988

.....been made has absconded or is concealing himself so that the order cannot be executed, that Government may-- (a) make a report in writing of the fact to a Metropolitan Magistrate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate; (b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction, he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (2) Notwithstanding anything contained in.....

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Railways Act, 1989 Section 180

Title: Arrest of Persons Likely to Abscond, Etc.

State: Central

Year: 1989

(1) If any person who commits any offence under this Act, other than an offence mentioned in1[sub-section (2) of Section 179] or is liable to pay any excess charge or other sum demanded under section 138, fails or refuses to give his name and address or there is reason to believe that the name and address given by him are ficitious or that he will abscond,2[the officer authorised] may arrest him without warrant or written authority, (2)3[The officer authorised] may call to his aid any other person to effect the arrest under sub-section (1). (3) Any person arrested under this section shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate unless he is released earlier on giving bail or if his true name and address are ascertained on executing a bond without sureties for his appearance before the Magistrate having jurisdiction to try him for the offence. (4) The provisions of Chapter XXIII of the Code of Criminal Procedure, 1973 shall so far as may be apply to the giving of bail and the execution of bonds under this section. .....

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Companies Act, 1956 Section 479

Title: Power to Arrest Absconding Contributory

State: Central

Year: 1956

At any time either before or after making a winding up order, the1[Tribunal] may, on proof of probable cause for believing that a contributory is about to quit India or otherwise to abscond, or is about to remove or conceal any of his property, for the purpose of evading payment of calls or of avoiding examination respecting the affairs of the company, cause-- (a) the contributory to be arrested and safely kept until such time as the1[Tribunal] may order; and (b) his books and papers and movable property to be seized and safety kept until such time as the1[Tribunal] may order. _____________________ 1. Substituted by Act 11 of 2003, Section 79, for "Court".

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Assam Preventive Detention Act, 1980 Section 7

Title: Powers in Relation to Absconding Persons

State: Central

Year: 1980

.....himself so that the order cannot be executed, the State Government or the officer making the order may-- (a) make a report in writing of the fact to a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides ; and thereupon the provisions of Sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate; (b) by order notified in the Official Gazette direct the said person to appear before such officer at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (2) Notwithstanding anything contained in the Code of.....

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Indian Penal Code (45 of 1860) Section 172

Title: Absconding to Avoid Service of Summons or Other Proceeding

State: Central

Year: 1860

Whoever absconds in order to avoid being served with a summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the summons or notice or order istoattend in person or by agent, or to1[produce a document or an electronic record in a Court of Justice], with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. _______________________ 1 . Substituted by Act 21 of 2000, section 91 and Schedule I, for "produce a document in a Court of Justice". (w.e.f. 17-10-2000).

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Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 7

Title: Powers in Relation to Absconding Persons

State: Central

Year: 1974

.....been made has absconded or is concealing himself so that the order cannot be executed, the Government may-- (a) make a report in writing of the fact to a Metropolitan Magistrate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides ; and thereupon the provisions of sections 82, 83, 84 & 85 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate; (b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction, he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both. (2) Notwithstanding anything contained in.....

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National Security Act, 1980 Section 7

Title: Powers in Relation to Absconding Persons

State: Central

Year: 1980

.....has absconded or is concealing himself so that the order cannot be executed, that Government or officer may-- (a) make a report in writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; (b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order. (2) Upon the making of a report against any person under clause (a) of subsection (1), the provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of such person and his property as if the detention order made against him were a warrant issued by the Magistrate. (3) If any person fails to comply with an order issued under clause (b) of subsection (1) he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a.....

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Karnataka Prohibition of Beggary Act, 1975 Section 16

Title: Absconding Beggars How to Be Dealt with

State: Karnataka

Year: 1975

.....institution which he had left. (2) The officer-in-charge of the institution shall produce him before the Executive Magistrate or the Judicial Magistrate or the Metropolitan Magistrate having jurisdiction, within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of such magistrate and the magistrate shall, after satisfying himself that the said person has contravened the provisions of section 15, order him to be delivered to the institution with a warning. (3) Any person dealt with under the provisions of sub-section (1), who absconds or takes to begging after he is discharged under section 15 shall be placed before a Judicial Magistrate, or Metropolitan Magistrate who after summary trial may convict him and sentence him to imprisonment for a period not exceeding three months.

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Companies Act, 2013, Section 301

Title: Arrest of Person Trying to Leave India or Abscond

State: Central

Year: 2013

At any time either before or after passing a winding up order, if the Tribunal is satisfied that a contributory or a person having property, accounts or papers of the company in his possession is about to leave India or otherwise to abscond, or is about to remove or conceal any of his property, for the purpose of evading payment of calls or of avoiding examination respecting the affairs of the company, the Tribunal may cause-- (a) the contributory to be detained until such time as the Tribunal may order; and (b) his books and papers and movable property to be seized and safely kept until such time as the Tribunal may order.

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