1. Proclamation (Sections 82-83 of CrPC)
Definition
Proclamation refers to a legal process where the court publicly declares a person as an absconder if they fail to appear despite being duly summoned.
Key Provisions
Section 82: Proclamation for Person Absconding
- When Applicable:
- If a person against whom a warrant has been issued is evading arrest.
- Process:
- The court issues a written proclamation requiring the person to appear at a specified place and time.
- The proclamation is published:
- By affixing it in a conspicuous part of the accused's residence.
- By placing it in a prominent place of the court.
- Sometimes through public announcement (e.g., in newspapers or public areas).
- The court grants a minimum of 30 days from the date of proclamation for the person to appear.
- Consequence of Non-Appearance:
- The person may be declared a Proclaimed Offender (commonly referred to as an absconder).
2. Attachment (Section 83 of CrPC)
Definition
Attachment is the process of seizing the property of an absconding person to compel their appearance in court.
Key Provisions
Section 83: Attachment of Property of Person Absconding
- When Applicable:
- If a person fails to appear within the time specified in the proclamation issued under Section 82.
- Process:
- The court orders the attachment of any movable or immovable property of the absconder.
- A copy of the attachment order is affixed:
- At a conspicuous place of the property.
- At the accused's residence and in the court.
- The property is taken into custody by the authorized officer.
- Sale of Attached Property:
- If the person does not appear, the attached property may be sold as per the court’s directions, except in cases where the court orders its release.
- Restoration of Property:
- If the absconder appears and satisfies the court, the attached property may be restored.
3. Combined Effect
- Purpose:
- To ensure compliance with court orders and secure the accused’s presence.
- Consequences of Proclamation and Attachment:
- The person may face additional charges for non-compliance.
- The attached property may be confiscated or sold, affecting the financial standing of the absconder.
Examples of Use
- Economic Offenders: To trace and secure absconding individuals involved in financial crimes.
- Criminal Cases: To bring accused persons evading trial to justice.
Proclamation and attachment are tools to uphold the judicial process by discouraging evasion and ensuring accountability.
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