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Sridhevi (education)     03 May 2024

Accused went to usa

Accused in 494 IPC but not attending court.,

Accused's father via GPA of ACCUSED got certied copy of case and went to high court in 2021 for quash but high court not quashed 494 IPC.then accused went to USA in 2021 and not coming to india.

I went to high court in July 2023 for speedy disposal in 6 months but lower court saying we cant start trail since accused not attended court and  since he in uSA

As per new rules "Section 356 of the BNSS puts a mandatory requirement on the court to proceed with the trial in-absentia of a proclaimed offender"    but judge saying its for new cases but not for older cases.and judge is not showing interest in LOC too

Can you please help suggest



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     03 May 2024

Are you sure that the new law has come into force?

How can you ask the court to invoke the new law in this regard?


Sridhevi (education)     03 May 2024

Newly-enacted criminal laws to come into effect from July 1

T. Kalaiselvan, Advocate (Advocate)     03 May 2024

It is not in force as on today,  so it clearly appears that your query is not pertaining to real problem but appearing to be an academic query. 

Sridhevi (education)     03 May 2024

sir Accused not comming to court since start ofcase jan 2021.

what steps I need to take to get justice

Dr. J C Vashista (Advocate )     04 May 2024

You have filed complaint in your own case or acting on behalf of complainant ?

BNSS is yet to come in force after July 01, 2024

Parth Chawla (Lawyer)     16 May 2024

I have analysed your query and would like you to know that to bring the accused to the court there is a procedure followed by the court:

Section 73 of the Criminal Procedure Code, 1973 provides that Chief Judicial Magistrate of the first class may direct a warrant to any person who is any escaped convict, proclaimed offender or an accused of cognizable offence.

Section 82 provides that a person against whom a warrant has been issued is absconding or is concealing himself so that the warrant cannot be executed, in that case the court can issue written proclamation under 30 days. The proclamation will be read in the town or village where he resides, affixed on a visible part of village or town and can even publish the proclamation in the newspaper.


No offender after committing a crime in a country can flee to another country believing that lack of jurisdiction will save him from trial or punishment. Extradition is a legal procedure by which a fugitive is returned back so that he may be tried or punished for crimes committed.

India and United States of America have signed an extradition treaty wherein, the offenses are extraditable if punishable under laws in both the countries by imprisonment for more than one year or severe penalty. Even though a treaty exists but building a strong case for extradition requires presenting sufficient evidence to convince foreign court of the accused’s guilt and seriousness of the case. Extradition is a complex legal process along with challenges, overcoming these difficulties require strong legal representation.

Reference case law: In the case of M.S.R. Gundappa v. State of Karnataka 1989 an arrest warrant was issued against Dr. M.G. Nagraj, a resident of USA where he was well settled. A proclamation issued by the Karnataka Lokayukta, an anit-corruption unit, declaring Dr. Nagraj an absconder.

The Gundappa family argued that this branding was unfair as he was living in USA even before the warrant was issued and that it cannot be justified without proof that Dr. Nagraj Knew about the warrant and actively avoided arrest.

Supreme court of India made it clear that residing abroad doesn’t make someone an absconder and the key element is intention which means a deliberate act of hiding purposely avoiding legal process. However, the court’s decision did not address how to ensure Dr. Nagraj’s appearance in the court.


Parth chawla

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