CrPC Section 82: Proclamation for Absconding Persons

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CrPC Section 82: Proclamation for Absconding Persons

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.
Also Read  Section 226 CrPC: Opening Case for Prosecution in India's Code of Criminal Procedure


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