Section 82 CrPC, The Code Of Criminal Procedure, 1973: Proclamation for person absconding.

Section 82 CrPC, The Code Of Criminal Procedure, 1973: Proclamation for person absconding.

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.
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).]

 

 

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Advocate Anoop Verma has been advising individuals, corporates, businesses on a variety of legal issues since his call to the Punjab & Haryana Bar Council.

After gaining years of experience working for law firms, Advocate Anoop Verma opened his own Law firm “Verma Law Associates” where he is able to provide quality legal services at reasonable rates.

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Advocate Anoop Verma

Punjab & Haryana High Court Chandigarh, DRT Chandigarh

Email: advanoopverma@gmail.com

 

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