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What to Do When the Defendant Fails to Appear in a Dowry Case?

Question:
The first hearing of a dowry case was on 14/11/22. The defendant did not appear in court because he did not receive the summons, and the court issued an arrest warrant. The boy does not agree to marry the girl, and the accused does not want to go to jail. What should be done now?

Answer:
If the defendant in a dowry case does not appear in court, and the court issues an arrest warrant, the following legal steps can be taken:

1. Ensuring the Arrest Warrant is Executed:

  • The court’s order for an arrest warrant means that law enforcement will try to arrest the accused. The police should actively pursue the arrest.
  • If the defendant is avoiding arrest, the police will attempt to locate and detain him. If the defendant continues to evade arrest, they may face more serious consequences, including prolonged jail time.

2. What the Accused Can Do:

  • Voluntary Surrender: If the accused does not want to go to jail, the best course of action is to surrender to the court or police voluntarily. This may lead to a bail option, allowing him to avoid immediate detention.
  • Court Appearance: The accused should also appear in court on the next hearing date. The court may be more lenient if the accused shows a willingness to cooperate.

3. Legal Options for the Plaintiff (Girl or Her Family):

  • If the boy refuses to marry the girl and is unwilling to pay the dowry, legal action can proceed as per the relevant laws, such as the Dowry Prohibition Act of 1980.
  • The girl can also file a civil suit for dowry recovery if she has not done so already, or can pursue the criminal case for dowry harassment.

4. Steps for Next Hearing:

  • The court will proceed with the case as soon as the accused is arrested or presents himself in court.
  • If the defendant is not arrested, the court may issue further orders to ensure his appearance, which could include additional warrants or a fine.

5. Outcome of the Case:

  • If the defendant fails to comply with court orders, including attending hearings or paying the dowry, the court may proceed with further legal action, including sentencing.

6. Bail and Settlement:

  • If the defendant surrenders, he may be granted bail depending on the severity of the charges. He could also attempt a settlement if both parties are open to it. However, it is important to note that dowry-related cases often involve serious legal consequences, and a settlement may not always be an option.