Proclamation for person absconding
Section 82 of Code of Criminal Procedure, 1973 deals with proclamation for person absconding. 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
(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 1. Ins. by Act 25 of 2005, s. 12 (w.e.f. 23-6-2006). 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).]
Section 82, Code of Criminal Procedure, 1973 (Act 2 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 1 Short title, extent and commencement
- s. 302 Permission to conduct prosecution
- s. 304 Legal aid to accused at State expense in certain cases
- s. 364 Judgment when to be translated
- s. 367 Power to direct further inquiry to be made or additional evidence to be taken
- s. 382 Petition of appeal
- s. 392 Procedure where Judges of Court of Appeal are equally divided
- s. 393 Finality of judgments and orders on appeal
- s. 394 Abatement of appeals
- s. 395 Reference to High Court
- s. 396 Disposal of case according to decision of High Court
- s. 397 Calling for records to exercise powers of revision
- s. 398 Power to order inquiry
- s. 399 Sessions Judge's powers of revision
- s. 400 Power of Additional Sessions Judge
- s. 402 Power of High Court to withdraw or transfer revision cases
- s. 436
- s. 449 Appeal from orders under section 446
- s. 459 Power to sell perishable property
Questions about Section 82
What does Section 82 of the Code of Criminal Procedure deal with?
Section 82 of the Code of Criminal Procedure is headed "Proclamation for person absconding". 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
How do I find court cases under Section 82 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code Criminal Procedure 1973 82, section 82 Code Criminal Procedure 1973, section 82 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 82 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 1 (Short title, extent and commencement), section 302 (Permission to conduct prosecution), section 304 (Legal aid to accused at State expense in certain cases), section 364 (Judgment when to be translated), and on 15 further provisions, so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was the Code of Criminal Procedure enacted?
Code of Criminal Procedure was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.
Other sections of this Act
- 484. Repeal and savings25668 words
- 320. Compounding of offences1341 words
- 164. Recording of confessions and statements1157 words
- 167. Procedure when investigation cannot be completed in twenty-four hours1101 words
- 437. When bail may be taken in case of non-bailable offence999 words
- 220. Trial for more than one offence959 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/65ae197e-06e1-4b83-a2c4-79fffb837967.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/3476c537-83fa-4339-9917-27dac92cae0d/content). This page is not a substitute for legal advice.