What is Proclamation for person absconding? How it made? Section 82 of CRPC. Notice for PO as per Code of Criminal Procedure 1973

 

Section 82 of Code of Criminal Procedure 1973 has provision regarding publishing notice for appearance of persons who are absconding.

 

 

As per Section 82.(1) If Any court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specific place and at a specified time not less than thirty days from the date of publishing such proclamation.

 

 (2) The proclamation shall be published as follows:-

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or home-stead in which such person ordinarily resides or to some conspicuous place of such town or village;

(c) a copy thereof shall be affixed to some conspicuous part of the Court house,

(ii) the court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

(3) A statement in writing by the court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in Clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.

(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.

(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).]

CrPc (Amendment) Act, 2005 (Notes on Clauses)

Sub-sections (4) and (5) empower the Court to make the declaration that the person is a proclaimed offender where he fails to appear at the specified place and time mentioned in the proclamation issued under sub-section (1) in relation to offences under sections 302, 304, 364 etc., of the Indian Penal Code.

PROCLAMATION AND ATTACHMENT

Section 82 of CRPC 1973 - What is Proclamation for person absconding? How it made? Notice for PO as per Code of Criminal Procedure 1973

Section 83 of CRPC 1973 - What is the procedure of attaching property of absconding person? Courts power to attach property of absconding persons

Section 84 of CRPC 1973 - How claims and objections can be filed against attachment of property of absconding person? Procedure to file objections and claims

Section 85 of CRPC 1973 - What is the procedure for release, sale and restoration of attached property under Section 83 of CRPC? Section 85 of CRPC. How to file appeal against rejection application for restoration of attached property

 

 

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap