Rules regarding Proclamation and attachment(Section 82-86) under CrPC

 

Proclamation and Attachment (Section 82-86 CrPC)

  1. Section 82: Proclamation for Person Absconding

    • Proclamation (घोषणा) can be issued by a Magistrate if a person, against whom a warrant has been issued, absconds or refuses to comply with the warrant.
    • The proclamation must be published in the local area and can be done through public notice or by affixing it at prominent places.

  2. Section 83: Attachment of Property of Person Absconding

    • If the proclaimed person does not appear, the Magistrate can order the attachment (जप्ती) of their property.
    • This attachment ensures that the person’s assets are secured and may be sold to satisfy the court's demands if needed.

  3. Section 84: Power to Sell Attached Property

    • The attached property can be sold under the court’s direction.
    • Proceeds from the sale are used to satisfy any liabilities or costs ordered by the court.

  4. Section 85: Claims and Objections to Attachment

    • Any person claiming interest in the attached property can file a claim before the court.
    • The court will examine the claim and make a decision regarding the validity of the claim and the attachment.

  5. Section 86: Procedure on Proclamation and Attachment

    • This section outlines the procedure (प्रक्रिया) to be followed after the proclamation and attachment.
    • It provides detailed steps for the execution of the order, including handling any objections and ensuring the proper conduct of the attachment process.

Important Case Study:

Case: Sahabuddin vs. State of Bihar (2008)

  • Facts: In this case, the accused was absconding, and a proclamation under Section 82 was issued. Despite the proclamation, the accused did not appear before the court. Subsequently, the court ordered the attachment of his property under Section 83.

  • Ruling: The court upheld the procedure followed, stating that the proclamation and attachment were validly executed. The case emphasized the importance of adhering to the procedural requirements for issuing a proclamation and attaching property to ensure justice.

  • Significance: This case is significant as it highlights the importance of following the procedural steps outlined in Sections 82-86 to ensure that absconding accused persons are brought to justice.

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