Section 82 of CrPC : Section 82: Proclamation For Person Absconding

Explanation using Example

Imagine a situation where a local court has issued a warrant for Mr. X, who is suspected of committing fraud. The police have made several attempts to arrest Mr. X, but he seems to have disappeared from his usual places of residence and work. The court, believing that Mr. X is deliberately evading arrest, decides to invoke Section 82 of The Code of Criminal Procedure, 1973.

The court issues a written proclamation ordering Mr. X to appear at the court on a specified date, which is at least thirty days from the date of the proclamation's publication. To ensure Mr. X is aware of this proclamation, the court:

• Has the proclamation read out loud at the central square of the town where Mr. X lives;
• Affixes the proclamation to the front door of Mr. X's last known residence;
• Attaches a copy of the proclamation to the notice board at the courthouse;
• Decides to also publish the proclamation in a widely-read daily newspaper in the region to increase the chances of Mr. X or someone who knows him seeing it.

After following these steps, the court documents the publication of the proclamation, creating a written statement that serves as conclusive evidence that they have met the requirements of Section 82. If Mr. X still does not appear in court by the specified date, and after the court conducts an inquiry, he may be declared a proclaimed offender, especially if the fraud he is accused of is severe and falls under the offences listed in subsection (4).