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RELEVANT PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR RECOVERY OF PROVIDENT FUND DUES

RELEVANT PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR RECOVERY OF PROVIDENT FUND DUES. Section-46 :

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RELEVANT PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR RECOVERY OF PROVIDENT FUND DUES

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  1. RELEVANT PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR RECOVERY OFPROVIDENT FUND DUES • Section-46 : • In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action. • If such person forcibly resists the endeavor to arrest him or attempts to evade the arrest, such police officer of other person may use all means necessary to effect the arrest. • Contd……

  2. RELEVANT PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR RECOVERY OFPROVIDENT FUND DUES Section - 46 : 3. Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. 4. Save in exceptional circumstances, no women shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

  3. RELEVANT PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR RECOVERY OFPROVIDENT FUND DUES Section - 80 : (Procedure on arrest of person against whom warrant issued) When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometers of the place of arrest or is nearer than the Executive Magistrate of District Superintendent of Police or Commissioner or Police within the local limits of whose jurisdiction the arrest wad made, or unless security is taken under Section 71, be taken before such Magistrate or District Superintendent or Commissioner.

  4. RELEVANT PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR RECOVERY OFPROVIDENT FUND DUES • Section - 82 : (Proclamation for person absconding) • If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at specified time not less than thirty days from the date of publishing such proclamation. • Contd ……

  5. RELEVANT PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR RECOVERY OFPROVIDENT FUND DUES • Section - 82 : (Proclamation for person absconding) • 2.The proclamation shall be published as follows:- • (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; • (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; • Contd ……

  6. RELEVANT PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR RECOVERY OFPROVIDENT FUND DUES • Section - 82 : (Proclamation for person absconding) • (c) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; • (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. • Contd ……

  7. RELEVANT PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR RECOVERY OFPROVIDENT FUND DUES • Section - 82 : (Proclamation for person absconding) • A statement in writing the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2). Shall be conclusive evidence that the requirements o this section have been complied with, and that the proclamation was published on such day. • Contd ……

  8. RELEVANT PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR RECOVERY OFPROVIDENT FUND DUES • Section - 82 : (Proclamation for person absconding) • (4)Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as to thins fit, pronounce him a proclaimed offender and make a declaration to that effect.

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