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Section 12: Powers in relations to absconding persons.

The Jammu and Kashmir Public Safety Act, 1978Union territory Act of Jammu and Kashmir · Act 6 of 1978

If the Government, or an officer specified in sub-section (2) of section 8, as the case may be, has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, the Government or the officer may––

(a) make a report in writing of the fact to a Magistrate of the First Class having jurisdiction in the place where the said person ordinarily resides, and thereupon the provisions of sections 87, 88 and 89 of the Code 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 notified order 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 the 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.

Where this provision sits

ActThe Jammu and Kashmir Public Safety Act, 1978
Section12
Marginal notePowers in relations to absconding persons.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act XII of 1988. Substituted by Act XII of 1988, s. 3.

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