Section 82 CrPC: Proclamation for person absconding

What Section 82 CrPC Says

82. Proclamation for person absconding

(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 specified 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 homestead 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 (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.

(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).

Source: Section 82, Code of Criminal Procedure, 1973

Section 82 CrPC in Simple Words

When Section 82 CrPC Applies

• Under Section 82(1) CrPC, 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 specified place and at a specified time.
• Under Section 82(2)(i) CrPC, the proclamation shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides, 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, and a copy shall be affixed to some conspicuous part of the Court-house.
• Under Section 82(2)(ii) CrPC, 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.
• Under Section 82(3) CrPC, 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 Section 82(2)(i) CrPC, shall be conclusive evidence that the requirements of Section 82 CrPC have been complied with, and that the proclamation was published on such day.
• Under Section 82(4) CrPC, where a proclamation published under Section 82(1) CrPC 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.
• Under Section 82(5) CrPC, the provisions of Section 82(2) CrPC and Section 82(3) CrPC shall apply to a declaration made by the Court under Section 82(4) CrPC as they apply to the proclamation published under Section 82(1) CrPC.

Time Limits Under Section 82 CrPC

• Under Section 82(1) CrPC, the proclamation requires the person to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.Act text: “at a specified time not less than thirty days from the date of publishing such proclamation”

Example of Section 82 CrPC

When Section 82 CrPC Does Not Apply

• Section 82 CrPC speaks of a written proclamation requiring a person to appear at a specified place and time. It does not deal with the attachment of property of person absconding.
• Section 82 CrPC speaks of a Court publishing a proclamation for a person against whom a warrant has been issued. It does not deal with the form of a warrant of arrest and its duration.

Section 82 CrPC Under BNSS 84: What Changed

FAQs on Section 82 CrPC