Proclamation for person absconding
Section 82 of the Code of Criminal Procedure Act 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 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. 1. Ins. by Act 25 of 2005, s. 12 (w.e.f. 23-6-2006).
(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, The Code of Criminal Procedure Act (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
- Indian Penal Code s. 302 Punishment for murder
- Indian Penal Code s. 304 Punishment for culpable homicide not amounting to murder
- Indian Penal Code s. 364 Kidnapping or abducting in order to murder
- Indian Penal Code s. 367 Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc
- Indian Penal Code s. 382 Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft
- Indian Penal Code s. 392 Punishment for robbery
- Indian Penal Code s. 393 Attempt to commit robbery
- Indian Penal Code s. 394 Voluntarily causing hurt in committing robbery
- Indian Penal Code s. 395 Punishment for dacoity
- Indian Penal Code s. 396 Dacoity with murder
- Indian Penal Code s. 397 Robbery or dacoity, with attempt to cause death or grievous hurt
- Indian Penal Code s. 398 Attempt to commit robbery or dacoity when armed with deadly weapon
- Indian Penal Code s. 399 Making preparation to commit dacoity
- Indian Penal Code s. 400 Punishment for belonging to gang of dacoits
- Indian Penal Code s. 402 Assembling for purpose of committing dacoity
- Indian Penal Code s. 436 Mischief by fire or explosive substance with intent to destroy house, etc
- Indian Penal Code s. 449 House-trespass in order to commit offence punishable with death
- Indian Penal Code s. 459 Grievous hurt caused whilst committing lurking house-trespass or house-breaking
- Indian Penal Code s. 460 All persons jointly concerned in lurking house-trespass or house- breaking by night punishable where death or grievous hurt caused by one of them
Questions about Section 82
What does Section 82 of the Code of Criminal Procedure Act deal with?
Section 82 of the Code of Criminal Procedure Act 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 Act?
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 Act 82, section 82 Code Criminal Procedure Act, section 82 of the Code of Criminal Procedure Act. 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 Act, and has it changed?
Its own text turns on Indian Penal Code 302 (Punishment for murder), Indian Penal Code 304 (Punishment for culpable homicide not amounting to murder), Indian Penal Code 364 (Kidnapping or abducting in order to murder), Indian Penal Code 367 (Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc), 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 Act enacted?
Code of Criminal Procedure Act 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 savings25553 words
- 320. Compounding of offences1305 words
- 164. Recording of confessions and statements1142 words
- 167. Procedure when investigation cannot be completed in twenty-four hours1114 words
- 437. When bail may be taken in case of non-bailable offence998 words
- 220. Trial for more than one offence960 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/aedad03b-d75d-4ad4-8833-2e467cc050cc.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/aa576da2-2e5f-4165-923b-39fc1a0f416b/content). This page is not a substitute for legal advice.