section 6
Powers in relation to absconding persons.
The Kerala Anti-Social Activities (Prevention) Act 2007Criminal200730 sections
Statutory text
- (1) If the Government or an officer authorised under sub-section (2) of section 3 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 such officer may,—
- (a) make a report in writing of the fact to a Chief Judicial Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides;
- (b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order.
- (2) On making a report against any person under clause (a) of sub- section(1), the provisions of sections 82, 83, 84, 85, and 86 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of such person and his property as if the detention order made against him is a warrant issued by the Magistrate.
- (3) If any person fails to comply with an order issued under clause (b) of sub-section (1), 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 reasons which rendered compliance therewith impossible and of his whereabouts, or failed to prove that he could not inform the officer mentioned in the order, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
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