Section 174A IPC: Non-appearance in response to a proclamation under section 82 of Act 2 of 1974

Indian Penal Code, 1860

Section 174A IPC at a Glance

Section 174A IPC deals with non-appearance in response to a proclamation under section 82 of Act 2 of 1974. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 209 BNS.

Punishment

Up to three years on the first limb. Where a declaration has been made under sub-section four of Section 82 CrPC pronouncing the person a proclaimed offender, imprisonment for up to seven years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 209 →

Section 174A IPC Bare Act Text

174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974

Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and 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.

Source: Section 174A, Indian Penal Code, 1860

Section 174A IPC in Simple Words

Section 174A of the Indian Penal Code (IPC) punishes a person who fails to appear at the specified place and the specified time as required by a proclamation published under sub-section one of Section 82 of the Code of Criminal Procedure, 1973. The punishment is imprisonment for up to three years, or fine, or both.

Where a declaration has been made under sub-section four of that section pronouncing the person a proclaimed offender, imprisonment may extend to seven years and the person is also liable to fine. Both limbs are cognizable and non-bailable, and both are triable by a Magistrate of the first class.

Ingredients of Section 174A IPC

  • A proclamation was published under sub-section one of Section 82 of the Code of Criminal Procedure, 1973
  • The accused failed to appear at the specified place
  • The accused failed to appear at the specified time, as the proclamation required
  • For the higher punishment, a declaration was made under sub-section four of that section pronouncing the accused a proclaimed offender

Punishment Under Section 174A IPC

Imprisonment

Up to three years on the first limb. Where a declaration has been made under sub-section four of Section 82 CrPC pronouncing the person a proclaimed offender, imprisonment for up to seven years.

Fine

Fine may be imposed alone or with imprisonment. Where the person has been declared a proclaimed offender, fine is imposed in addition to imprisonment.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Failing to appear as a proclamation requires carries imprisonment for up to three years, or fine, or both. Where the person is a declared proclaimed offender, imprisonment for up to seven years and fine.

Example of Section 174A IPC

In July 2019, a criminal court in Jaipur published a written proclamation under sub-section (1) of Section 82 of the Code of Criminal Procedure, 1973, directing Devendra to appear at the courtroom in Jaipur at 11 a.m. on 20 August 2019. Devendra did not come to the courtroom on that date and hour, and thus failed to appear at the specified place and the specified time required by the proclamation. After a declaration was also made under sub-section (4) of Section 82 pronouncing him a proclaimed offender, the higher seven-year term applied. Devendra is punishable under Section 174A IPC.

When Section 174A IPC Does Not Apply

  • Section 174A IPC does not apply if no proclamation under sub-section (1) of Section 82 of the Code of Criminal Procedure, 1973 was ever published against the person.
  • The offence is not committed when the person attends at the exact place and time named in the proclamation.
  • The enhanced seven-year punishment under the second limb does not apply unless a declaration under sub-section (4) of Section 82 of the Code of Criminal Procedure, 1973 has pronounced the person a proclaimed offender.

Section 174A IPC in the BNS

Section 174A IPC is now covered under Section 209 BNS.

Section 174A IPC is now Section 209 BNS. The title and the offence follow the same structure, but the proclamation is now the one published under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of section 82 of the Code of Criminal Procedure, 1973. The punishment is changed in the first limb. Community service is added, so the punishment is imprisonment for up to three years, or fine, or both, or community service. The second limb is the same, with imprisonment for up to seven years and fine for a declared proclaimed offender.

View detailed comparison (IPC 174A vs BNS 209) →

FAQs on Section 174A IPC

What does Section 174A IPC provide?▼

It punishes a person who fails to appear at the specified place and the specified time as required by a proclamation published under sub-section one of Section 82 of the Code of Criminal Procedure, 1973.

What is the punishment under Section 174A IPC?▼

Imprisonment for up to three years, or fine, or both. Where a declaration has been made under sub-section four of that section pronouncing the person a proclaimed offender, imprisonment for up to seven years and also fine.

What does Section 174A IPC require to be shown?▼

That a proclamation was published under sub-section one of Section 82 of the Code of Criminal Procedure, 1973 and that the person failed to appear at the specified place and the specified time. For the higher punishment, a declaration under sub-section four must also have been made pronouncing the person a proclaimed offender.

How do the two limbs of Section 174A IPC differ?▼

The first limb punishes failing to appear with imprisonment for up to three years, or fine, or both. The second applies where a declaration pronouncing the person a proclaimed offender has been made. It carries imprisonment for up to seven years and also fine.

Is an offence under Section 174A IPC cognizable and bailable?▼

It is cognizable and non-bailable. The Schedule gives the same classification for both limbs.

Which court tries an offence under Section 174A IPC?▼

A Magistrate of the first class, for both limbs.

Can an offence under Section 174A IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 174A IPC in the Bharatiya Nyaya Sanhita?▼

In Section 209 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·