Thursday, July 28, 2011

Paper-III (IPO) Topic : Proclamation of Person Absconding

Section :82  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  
(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 , in the manner specified in claused (i) of sub-section (2) shall be conclusive evidence that the requirements of this section have been compiled 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 302,304,364,367,382,392,393,394,395,397,398,399,400,402,436,449,459 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 the effect.]
*[ (5) The provision 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). ]

* Ins. By Act 25 of 2005, Sec. 12 (w.e.f 23-06-2006)

Courtsey :  The Code of Criminal  Procedure ,1973
                  Bare Act With Short Notes
                 Universal Law Publishing

No comments:

Post a Comment