PROCLAMATION FOR PERSON ABSCONDING
RELEVANT LEGAL PROVISION | Section 82 of the Code of Criminal Procedure, 1973 was enacted to secure the presence of the accused.[ Vimalben Ajitbhai Patel v Vatslaben Ashokbhai Patel, (2008) 4 SCC 649]
SECTION DISCUSSED IN DETAIL
S.82(1) If a Court has reason to believe 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 specified place and time not less than thirty days from the date of publishing such proclamation.
Meaning of word 'abscond' is to hide and when a person is hiding from his place of residence, he is said to 'abscond’
The word 'abscond' has been defined as to hide or to quit the country in order to escape a legal process.
Section 82 have been enacted to protect an unaware person and to give notice to him that he is wanted in the crime to enable him to surrender to custody.[ Devendra Singh Negi v. State of U.P. 1994 Cri. L.J. 1783.]
Every person who is not immediately available cannot be characterized as an absconder. The Court has to record its satisfaction that the accused has absconded or is concealing in order to avoid execution of the warrant.[ Devender Singh v. State of U.P., 1993 (2) Crimes 728.]
Section 82, Cr.P.C. requires that the date of appearance of the accused should not be less than 30 days from the date of the publication.[ Sunil Kumar v. State 2002 Cri. L.J. 1284.]
3 PARTS OF SECTION 82 AS PER Mahendra Kumar Ruiya v State of Jharkhand
It is well settled that issuance of warrant is condition precedent for issuance of process of proclamation
how proclamation has to be given effect to or published to make the accused acquaint that his appearance is required in connection with particular case before a particular Court
Sec.82(4) gives more discretion to make inquiry against an accused who has committed offence. After recording reasons the Court can declare an accused of such offence as proclaimed offender.
Write brief note on Proclaimed offender.
The expression “proclaimed offender” includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Code does not extend, in respect of any act which if committed in the territories to which this Code extends, would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450 and 457 to 460 (both inclusive).
Refer section 40(2)(ii) of CRPC.
S.82(2) The proclamation shall be published :
(i) by publicly reading in some conspicuous place of the town or village in which such person ordinarily resides;
(ii) by affixing it 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; and
(iii) by affixing a copy thereof to some conspicuous part of the Court-house.
The Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in a place in which such person ordinarily resides.
S.82(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 for the compliance of this section and publication of proclamation on such day.
S.82(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 43, 449, 459 or 460 of the Indian Penal Code (45 of 1860), 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.
S.82(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).
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