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CrPC Section-82 - Proclamation for person absconding

Description

  1. If any Court has reason to believe (whether after taking evidence or not) that a person against whom a warrant has been issued has absconded or is concealing himself so that the warrant cannot be executed, the Court may publish a written proclamation requiring that person to appear at a specific place and time, not less than thirty days from the date of publication.
  2. The proclamation shall be published as follows:
  3. (i) a) It shall be publicly read at a conspicuous place in the town or village where the person usually resides.
    b) It shall be affixed to a conspicuous part of the house or homestead where the person ordinarily resides or to some prominent place within such town or village.
    c) A copy of the proclamation shall be affixed to a conspicuous part of the Court house.
  4. (ii) The Court may, if it deems fit, also direct a copy of the proclamation to be published in a daily newspaper circulating in the place where the person ordinarily resides.
  5. A statement in writing by the Court, confirming that the proclamation was duly published on a specific day, in the manner outlined in clause (i) of Sub-Section (2), shall serve as conclusive evidence that the requirements of this section have been complied with and that the proclamation was published on that day.
  6. Where a proclamation is issued under Sub-Section (1) concerning a person accused of an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459, or 460, and the person fails to appear at the specified time and place as required by the proclamation, the Court, after making any necessary inquiry, may pronounce the person a proclaimed offender and make a declaration to that effect.
  7. The provisions of Sub-Sections (2) and (3) shall apply to any declaration made by the Court under Sub-Section (4), just as they apply to the proclamation published under Sub-Section (1).

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