CrPC Section 82: Proclamation for Absconding Persons
1. Code
Section 82 of the Code of Criminal Procedure, 1973 deals with the proclamation of absconding persons.
2. Explanation
This section empowers a Magistrate to issue a proclamation for the apprehension of a person who has absconded to avoid arrest or to prevent the execution of any warrant issued against him.
The proclamation is issued after the Magistrate is satisfied that:
- A warrant for the arrest of the person has been issued and remains unexecuted;
- The person is likely to abscond or to conceal himself to avoid arrest;
- There are sufficient grounds to believe that the person is within the jurisdiction of the court.
The proclamation is published in a manner prescribed by the Magistrate. It typically includes:
- The name and description of the absconding person
- A statement of the offence with which he is charged
- A notice requiring him to appear before the court within a specified time.
3. Illustration
Imagine a scenario where a person named Ram is accused of theft. A warrant is issued for his arrest, but he absconds to avoid being apprehended. The Magistrate, after verifying the facts, issues a proclamation under Section 82. This proclamation is published in local newspapers and public places, announcing Ram’s identity, the charges against him, and requiring him to surrender to the court within a specified time frame.
4. Common Questions and Answers
- Q: What happens if the absconding person does not appear within the specified time?
A: The Magistrate can then proceed to issue a warrant of attachment for his property under Section 83 of the CrPC. - Q: Can a proclamation be issued against a person who is not aware of the warrant against him?
A: Yes, if there is sufficient evidence to suggest that the person is deliberately absconding, the proclamation can be issued even if they are unaware of the warrant. - Q: What are the consequences of ignoring a proclamation?
A: Ignoring a proclamation can lead to the attachment of property, and the person may be deemed to be absconding, which can have adverse consequences in the trial.
