ABSCOND

Abscond can be referred to in those situations in which things are made or done to conceal or hide something or someone. The term ABSCOND comes from the Classical Latin word “ABSCONDERE” which means, ab(s) – GO AWAY + condere- TO HIDE. 

Legally,abscond refers to leave or run away hastily or suddenly and secretly any location in order to escape from law or jurisdiction for the purpose to avoid arrest, prosecution, to be served with the service of a summons or other legal process, or an action by a creditor, where the court, a process server or law enforcement can find one.

IT APPLIES IN FOLLOWING WAY:

Ø UNDER SECTION 82, CRIMINAL PROCEDURE CODE: The court has the power to issue a decree or proclamation in respect of a person who has fled.

Ø UNDER SECTION 83, CRIMINAL PROCEDURE CODE: It provides provisions for attachment of property of an absconded person in respect of whom a decreeor proclamation has been issued under section 82 of Cr.P.C.

CASE LAW:

The KARTAREY V. STATE OF U.P., (1976) 1 SCC 172

‍