Section 172 of the Pakistan Penal Code, 1860, provides that whoever absconds in order to avoid being served with summons, notice or order or other proceedings from any public servant competent in this behalf shall be punished with simple imprisonment for a term which may extend to one month or with fine up to Rs
The term “abscond” with its derivatives is not defined in the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code) although it occurs in several Sections viz Sections 87, 90 (a) and 512 of the Code and Section 172 of the Pakistan Penal Code 1860. Section 87 (1) of the Code provides that if any Court has reason to believe after taking evidence 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 time before it not less than thirty days from the date of publication of such proclamation. Under Section 88 of the Code, the property of person absconding is attached. The Court issuing a proclamation under Section 87 may at any time order the attachment of any property, movable or immovable or both, belonging to the proclaimed person. Similarly, under Section 90 (a) of the Code, a Court may in lieu of the summons for the appearance of any person, issue a warrant for his arrest, if it sees reasons to believe that he has absconded or will not obey the summons. Section 512(1) of the Code also lays down that if it is proved that an accused person has absconded and that there is no immediate prospect of arresting him, the Court competent to try or send for trial to the Court of Session or High Court such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions. Section 172 of the Pakistan Penal Code, 1860, provides that whoever absconds in order to avoid being served with summons, notice or order or other proceedings from any public servant competent in this behalf shall be punished with simple imprisonment for a term which may extend to one month or with fine up to Rs.500 or with both. It appears that in this context the term “abscond” with its derivatives has been used in its ordinary sense in the criminal law in force in Pakistan and not in any technical sense. It means a person who is intentionally evading or avoiding the service of notices, summons or warrants issued to him and intentionally makes himself inaccessible to the process of the law. Although, abscondence is of very limited[1] evidentiary value unless it is for a long period because some time, the accused person is innocent, deliberately absconds rather than face the ordeal of a criminal trial. The second reason for abscondence is the lack of public confidence in the investigation agency. But in some cases, after committing gruesome and heinous crime, the accused persons managed to hide themselves for long time to defy the operation of law. In one case, the accused against whom a case of murder was registered remained absconded for a period of 12 years and when he was arrested no penal action for abscondance was taken against him except attachment of property under Section 88 of the Code, which was made during the period of abscondence[2]. Such persons deserve more punishment on account of defiance of the operation of law, besides the punishment prescribed for the offence committed.
For the first time, punishment for abscondence was provided in Section 21-L of the Anti-Terrorism Act,1997 (XXVII of 1997), which states:-
‘Whoever being accused of an offence under this Act, absconds and avoids arrest or evades appearance before any inquiry, investigation or court proceedings or conceals himself, and obstructs the course of justice, shall be liable to imprisonment for a term not less than six months and not more than five years or with fine or with both.’
Similarly, Section 31-A of the National Accountability Bureau Ordinance, 1999 (XVIII of 1999) provides:-
“Whoever absconds in order to avoid being served with any process issued by any Court or any other authority or officer under this Ordinance or in any manner prevents, avoids or evades the service on himself of such process or conceals himself to screen himself from the proceedings or punishment under this Ordinance shall be guilty of an offence punishable with imprisonment which may extend to three years notwithstanding the provisions of Section 87 and 88 of Code of Criminal Procedure, 1898, or any other law for the time being in force.”
It has been observed that the accused persons, after committing offences punishable under the Pakistan Penal Code or under any other law, abscond or conceal themselves to avoid their arrest for a long period and defeat the operational of law hence they should be liable for punishment for such acts.
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