CrPC Section 82 — Proclamation for person absconding

Summary

Sub-section (1) allows a court to issue a written proclamation requiring a person to appear at a specified place and time, at least 30 days after the proclamation is published. This applies where the court has issued a warrant against the person and has reason to believe, with or without first taking evidence, that the person has absconded or is hiding so the warrant cannot be carried out.

Sub-section (2), clause (i), requires the proclamation to be publicly read in a conspicuous place in the town or village where the person ordinarily lives; a copy to be affixed to a conspicuous part of the person’s house or homestead, or to a conspicuous place in that town or village; and a copy to be affixed to a conspicuous part of the courthouse.

Sub-section (2), clause (ii), allows the court, if it thinks fit, to direct that a copy of the proclamation be published in a daily newspaper circulating where the person ordinarily lives.

Sub-section (3) makes the issuing court’s written statement that the proclamation was published on a specified day in the manner set out in clause (i) of sub-section (2) conclusive evidence that the section’s requirements were met and that the proclamation was published on that day.

Sub-section (4) applies when the proclamation concerns a person accused of an offence punishable under Indian Penal Code sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460. If the person does not appear at the place and time specified in the proclamation, the court may, after making any inquiry it thinks fit, declare the person a proclaimed offender.

Sub-section (5) applies the publication requirements in sub-section (2) and the evidentiary rule in sub-section (3) to a declaration made under sub-section (4), as they apply to a proclamation under sub-section (1).

Official Text

(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. 1[

(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).]

Sections referred to

• IPC §302 — Punishment for murder
• IPC §304 — Punishment for culpable homicide not amounting to murder
• IPC §364 — Kidnapping or abducting in order to murder
• IPC §367 — Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.
• IPC §382 — Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft
• IPC §392 — Punishment for robbery
• IPC §393 — Attempt to commit robbery
• IPC §394 — Voluntarily causing hurt in committing robbery
• IPC §395 — Punishment for dacoity
• IPC §396 — Dacoity with murder
• IPC §397 — Robbery or dacoity, with attempt to cause death or grievous hurt
• IPC §398 — Attempt to commit robbery or dacoity when armed with deadly weapon
• IPC §399 — Making preparation to commit dacoity
• IPC §400 — Punishment for belonging to gang of dacoits
• IPC §402 — Assembling for purpose of committing dacoity
• IPC §436 — Mischief by fire or explosive substance with intent destroy house, etc.
• IPC §449 — House-trespass in order to commit offence punishable with death
• IPC §459 — Grievous hurt caused whilst committing lurking house-trespass or house-breaking

Referred to by

• CrPC §83 — Attachment of property of person absconding

Related Judgments

• STATE OF MADHYA PRADESH vs PRADEEP SHARMA — Supreme Court of India (2013)
• Arun; Rathi; and; Mr.; Summinder; Paswan; Advocates vs GOVT OF NCT OF DELHI & ANR — Delhi High Court (2021)
• NIRMAL SINGH vs STATE OF HARYANA — Supreme Court of India (2000)
• NEVADA PROPERTIES PRIVATE LIMITED THROUGH ITS DIRECTOR vs STATE OF MAHARASHTRA AND ANR — Supreme Court of India (2019)
• PREM SHANKAR PRASAD vs THE STATE OF BIHAR & ANR — Supreme Court of India (2021)
• VIMALBEN AJITBHAI PATEL vs VATSLABEEN ASHOKBHAI PATEL AND ORS — Supreme Court of India (2008)

Old <-> New Code Mapping

• BNSS §84 — Proclamation for person absconding