Headline
Section 174A IPC offence independent of proclamation U/S 82 CrPC ruled by the Supreme Court of India.
Summary
The Supreme Court of India stated that if an accused fails to respond to a proclamation under Section 82 of Criminal Procedure Code(CrPC) it amounts to an independent offence under Section 174A of Indian Penal Code (IPC), even if the case is quashed.
Key Facts
- Case Name: Daljit Singh v. State of Haryana & Anr.
- Judges Name : Justice CT Ravikumar and Justice Sanjay Karol.
- The High Court of Punjab & Haryana declined to quash the proclamation under Section 82 CrPC and the offence under Section 174A IPC.
- The offence under Section 174A IPC gives imprisonment upto 3 or 7 years, depending on the type of proclamation.
- The Supreme Court quashed the proceedings as the appellant had resolved the cheque dishonor dispute and paid the complainant.
Legal Insights
Section 174A of Indian Penal Code (IPC), inserted by the 2005 amendment, is a separate offence with penal consequences for disobeying the orders of the court under Section 82 CrPC, independent of the original result of the. case.
Impact
This judgment shed light on the scope of Section 174A IPC, balancing legal compliance with specific case equity.
Why It Matters
The ruling of the Supreme Court makes sure that the accountability for ignoring the processes of court while providing relief in cases resolved amicably.
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