CrPC 82 — Proclamation for person absconding

Code of Criminal Procedure, 1973

Statutory 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.

[(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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