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Section 64: Failure of the accused to appear

The Himachal Pradesh Panchayati Raj Act, 1994State Act of Himachal Pradesh · Act 4 of 1994

(1) If the accused fails to appear or cannot be found, the Gram Panchayat shall report the fact to the nearest Magistrate.

(2) The Magistrate shall, on the receipt of a report under sub-section

(1), issue a warrant for the arrest of the accused and shall direct by an endorsement on the warrant that if such person executes a bond with sufficient sureties for his attendance before himself in the manner provided by section 7 of the Code of Criminal Procedure, 1973, he shall be released from custody.

(3) When the accused appears before the Magistrate he shall direct him to execute a bond with or without sureties to appear before the Gram Panchayat, Pradhan or Up-Pradhan or any Panch on such date as he may direct and thereafter to continue to appear before the Gram Panchayat as directed by such person or the Gram Panchayat.

(4) On his failure to execute such bond the Magistrate shall order that the accused be produced in custody before the person mentioned in subsection (3) or the Gram Panchayat on such date not more than fifteen days later as he may direct.

(5) If the accused fails to appear before the Gram Panchayat after executing a bond under sub-section (3), the Gram Panchayat shall report the fact to the Magistrate before whom the bond was executed, and such 43 Magistrate before whom the bond was executed, and such Magistrate shall proceed in accordance with the provisions of Chapter XXXIII of the Code of Criminal Procedure, 1973 (2 of 1974).

Where this provision sits

ActThe Himachal Pradesh Panchayati Raj Act, 1994
Section64
Marginal noteFailure of the accused to appear
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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