Section 7 — Powers in relation to absconding persons.

7. Powers in relation to absconding persons.—(1) If 
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[the appropriate Government or an officer 

mentioned in sub-section (2) of section 3, 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, that Government 
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[or officer] may— 

(a) make a report in writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of 

the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon 

the provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), 

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; 

                                                           
1. Subs. by Act 27 of 1982, s. 2, for “appropriate Government” (w.e.f. 5-8-1982). 

2. Ins. by s. 2, ibid. (w.e.f. 5-8-1982). 



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(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; and if the said person fails to 

comply with such 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 one year or with fine or with both. 

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of1974), every 

offence under clause (b) of sub-section (1) shall be cognizable.