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Consider the following statements with reference to Section 82 of the Code of Criminal Procedure (CrPC):
1. A proclamation can be issued by a court if it has reason to believe that the person has concealed himself.
2. A proclamation cannot be issued without first issuing a warrant.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements with reference to Section 82 of the ...
The Supreme Court recently held that an accused would not be entitled to pre-arrest bail if the non-bailable warrant and the proclamation under Section 82(1) Cr.P.C. is pending against him.
About Section 82 of Code of Criminal Procedure (Cr.P.C):
- It provides for the issuing of a proclamation in a case where the court has reason to believe that the person has concealed himself or has absconded in order to evade the execution of warrants issued against him.
- The court may form its opinion suo motu from the material on a record or on the presentation of evidence by the prosecution.
- Through a written proclamation, the court orders the accused to appear at a specific place, and a specific time should be given; it should not be less than 30 days from the date of publishing of the proclamation.
- It can only be invoked as a matter of last resort where the power of issuing warrants has been exhausted by the court.
- The provisions under this section are not for punishing the accused but have the sole purpose of compelling him to appear before the court.
- Therefore, a proclamation cannot be issued without first issuing a warrant.
- The issuing of the proclamation cannot be done in an arbitrary manner, but there should be reasons recorded by the court to substantiate the order of the proclamation.
- Subsection (2) of Section 82 deals with the procedure through which a proclamation is issued. The provision provides that the proclamation shall be published as follows:
- It is read in some conspicuous place in the town or village where the accused person ordinarily resides.
- It is affixed at some conspicuous part of the house where such a person ordinarily resides. It can also be fixed in some conspicuous part of town or village.
- It shall be affixed at a conspicuous part of the courthouse.
- The proclamation can also be circulated through a daily newspaper circulated in the place where the person ordinarily resides.
- Proclaimed Offender:
- A person who is accused of serious offences under the Indian Penal Code (IPC), 1860, if he fails to appear as per the requirements of the proclamation, the court can declare him a proclaimed offender after inquiring into the matter.
- A police officer can arrest a person who has been declared a proclaimed offender without any warrant.
- Even a private person can arrest a proclaimed offender and present him to the nearest police station.
- The title of proclaimed offender ceases to exist as soon as the person is arrested or otherwise becomes capable of being presented before the court.
- Section 174A of the IPC, 1860, also provides that where a person has been declared a proclaimed offender under Section 82 of the CrPC, he shall be liable for a term of imprisonment that may extend to seven years and shall also be liable to a fine in tandem with such a punishment.
Hence option c is the correct answer.
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Consider the following statements with reference to Section 82 of the Code of Criminal Procedure (CrPC):1. A proclamation can be issued by a court if it has reason to believe that the person has concealed himself.2. A proclamation cannot be issued without first issuing a warrant.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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