Jammu and Kashmir · Act 6 of 1978

Section 12 — Powers in relations to absconding persons.

THE JAMMU AND KASHMIR PUBLIC SAFETY ACT, 1978

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STATUTORY TEXT
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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 1[one year] or with fine or with both.

Source footnotes

1. Substituted by Act XII of 1988, s. 3.

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Next · Section 13Grounds of order of detention to be disclosed to persons affected by the order. →All sections / सभी धाराएँTHE JAMMU AND KASHMIR PUBLIC SAFETY ACT, 1978 →
More sections of this actSection 1 · Short title and extent.Section 2 · Definitions.Section 3 · Prohibited places.Section 4 · Protected areas.Section 5 · Forcing or evading a guard.Section 6 · Power to prohibit circulation within the State or entry into the State of certain documents.Section 7 · Removal of doubts.Section 8 · Detention of certain persons.
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India Code, Government of India. Text fetched 14 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.

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Section 12 — Powers in relations to absconding persons. | THE JAMMU AND KASHMIR PUBLIC SAFETY ACT, 1978 | NYAYA SIGNAL

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