Section 82 of The Code of Criminal Procedure, 1973
- (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).]
Summary
- If a Court believes a person is hiding or running away from a warrant, it can issue a public notice called a proclamation.
- The proclamation must give the person at least thirty days from the date it is published to appear.
- It must be read out loud in a central area of the town or village where the person lives.
- Copies must be posted on the person's home and on the local Court building.
- For certain serious crimes like murder, kidnapping, or house-breaking, the Court can declare the person a "proclaimed offender".
- A written statement from the Court is final proof that the notice was published correctly.
Practical examples
FAQ
1. What is the minimum time a person gets to appear under Section 82 of the Code of Criminal Procedure?
Under Section 82 of the Code of Criminal Procedure, 1973, the notice must give them at least thirty days from the date of publication.
2. How is a proclamation published under Section 82 of the 1973 Act?
Under Section 82 of the 1973 Act, it is read publicly, posted on the person's house, and posted at the local Court building.
3. Can a proclamation be put in a newspaper under Section 82 of the Criminal Procedure Code?
Yes, under Section 82 of the Criminal Procedure Code, the Court may also direct a copy to be published in a daily newspaper where the person lives.
Test yourself
Q1.Under Section 82 of the Code of Criminal Procedure, 1973, a person must be given not less than how many days to appear?
Q2.Which of these is NOT a mandatory requirement for publishing a proclamation under Section 82 of the 1973 Code?
Q3.Under Section 82 of the Code of Criminal Procedure, 1973, what serves as conclusive evidence that the proclamation rules were followed?
Q4.According to the amendments to Section 82 of the 1973 Act, for which crime can a person be declared a "proclaimed offender"?