Amendment status not verified — confirm the current text below against the official source.
Amendment of section 4.- In section 4 of the principal Act,- (1) In sub- section (2),- (i) in the proviso for the words, figures and brackets “the Code of Criminal Procedure, 1973 (Central Act II of 1974), the words, figures and brackets “The Bharatiya Nagarika Suraksha Sanhita, 2023 (Central Act 46 of 2023)”, shall be substituted. (ii) after proviso, the following shall be inserted, namely:- “Explanation- For the purpose of this section “Certain Documents” shall include electronic form or records within the meaning of sub-clause (r) of clause (1) of sections 2 and 4 of the information Technology Act, 2000 (central Act, 21 of 2000} ”. (2) After sub-section (2), the following shall be inserted, namely:- “(3) Proclamation for person absconding,- (i) If the Special Court has reason to believe (whether after taking evidence or not) that any person against whom a notice or summons or warrant has been issued who has absconded or is concealing himself so that such notice or summons or warrant shall not be executed, such Special Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (ii) The proclamation shall be published in the following manner, namely:- 40 (f) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; (g) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; (h) a copy of the proclamation shall be affixed to some conspicuous part of the Special Court-house; (i) the Special Court may also, if it thinks fit, direct a copy of the proclamation to be published in two daily newspaper (at least one kannada news paper) circulating in the place in which such person ordinarily resides. (j) A statement in writing by the Special Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. If such person fails to appear at the specified place and time required by the proclamation, the Special Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.