{"id":21607,"date":"2024-09-28T06:11:12","date_gmt":"2024-09-28T00:41:12","guid":{"rendered":"https:\/\/vajiramandravi.com\/current-affairs\/?p=21607"},"modified":"2025-10-01T12:06:25","modified_gmt":"2025-10-01T06:36:25","slug":"section-82-of-code-of-criminal-procedure-crpc","status":"publish","type":"post","link":"https:\/\/vajiramandravi.com\/current-affairs\/section-82-of-code-of-criminal-procedure-crpc\/","title":{"rendered":"What is Section 82 of Code of Criminal Procedure (CrPC)?"},"content":{"rendered":"<h2>About Section 82 of Cr.P.C<\/h2>\n<ul>\n<li>It provides for the\u00a0issuing of a proclamation in a case where the court has reason to believe that the\u00a0person has concealed himself or has absconded in order\u00a0to evade the execution of warrants\u00a0issued\u00a0against him.<\/li>\n<li>The\u00a0court may form its opinion suo motu from the material on a record\u00a0or on the presentation of evidence by the prosecution.<\/li>\n<li>Through a written proclamation, the\u00a0court orders the\u00a0accused to appear at a specific place, and a specific time should be given; it should\u00a0not be less than 30 days from the date of publishing of the proclamation.\u00a0<\/li>\n<li>It can only be\u00a0invoked as a matter of last resort where the power of issuing warrants has been exhausted by the court.\u00a0<\/li>\n<li>The provisions under this section are\u00a0not for punishing the accused but have the\u00a0sole purpose of compelling him to appear before the court.\u00a0<\/li>\n<li>Therefore, a proclamation\u00a0cannot be issued without first issuing a warrant.\u00a0<\/li>\n<li>The issuing of the\u00a0proclamation\u00a0cannot be done in an arbitrary manner, but\u00a0there\u00a0should be reasons recorded\u00a0by the court to substantiate the order of the proclamation.<\/li>\n<li>Subsection (2) of Section 82 deals with the procedure through which a proclamation is issued. The provision provides that the\u00a0proclamation shall be published as follows:\n<ul>\n<li>It is\u00a0read in some conspicuous place in the\u00a0town or village\u00a0where\u00a0the accused person\u00a0ordinarily resides.<\/li>\n<li>It is\u00a0affixed at some conspicuous part of the house where such a\u00a0person ordinarily resides. It can also be fixed in some conspicuous part of town or village.\u00a0<\/li>\n<li>It shall be\u00a0affixed at a conspicuous part of the courthouse.\u00a0<\/li>\n<li>The proclamation can also be\u00a0circulated through a daily newspaper\u00a0circulated in the place where the\u00a0person ordinarily resides.\u00a0<\/li>\n<\/ul>\n<\/li>\n<li>Proclaimed Offender:\n<ul>\n<li>A person who is\u00a0accused of serious offences under the Indian Penal Code (IPC), 1860, if he\u00a0fails to appear\u00a0as per the\u00a0requirements of the proclamation, the\u00a0court can declare him a proclaimed offender\u00a0after\u00a0inquiring into the matter.<\/li>\n<li>A police officer can arrest a person who has been declared a\u00a0proclaimed offender without any warrant.\u00a0<\/li>\n<li>Even a private person can arrest a proclaimed offender and present him to the nearest police station.<\/li>\n<li>The title of proclaimed offender\u00a0ceases to exist as soon as the\u00a0person is arrested\u00a0or otherwise becomes capable\u00a0of being presented before the court.<\/li>\n<li>Section 174A of the IPC, 1860, also provides that where a person has been declared a proclaimed offender\u00a0under Section 82 of the CrPC, he\u00a0shall be liable for a term of imprisonment that may\u00a0extend to seven years\u00a0and shall also be\u00a0liable to a fine\u00a0in tandem with such a punishment.\u00a0<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<h2>Difference between Proclaimed Offender and Proclamation<\/h2>\n<ul>\n<li>A\u00a0proclamation is a notice to the accused, who is believed by the court to have absconded or concealed himself to evade execution of warrants, whereas,\u00a0proclaimed offender is a title that is\u00a0conferred upon a person against whom a proclamation has been published\u00a0and also\u00a0who have committed a serious offence.\u00a0<\/li>\n<li>The title of a\u00a0proclaimed offender is\u00a0declared after an inquiry is conducted\u00a0by the court, in which the court has to confirm that such a person has been intentionally in hiding to evade the execution of warrants.\u00a0<\/li>\n<li>The title of proclaimed offender\u00a0opens up the person to penal liabilities\u00a0and also to\u00a0other disqualifications.<\/li>\n<\/ul>\n<p><strong>Also Read:<\/strong><\/p>\n<ul>\n<li><a href=\"https:\/\/vajiramandravi.com\/current-affairs\/section-319-of-code-of-criminal-procedure-crpc\/\" target=\"_blank\" rel=\"noopener noreferrer\" target=\"_blank\">Section 319 of the Code of Criminal Procedure<\/a><\/li>\n<li><a href=\"https:\/\/vajiramandravi.com\/current-affairs\/section-125-crpc\/\" target=\"_blank\" rel=\"noopener noreferrer\" target=\"_blank\">Section 125 of the Criminal Procedure Code<\/a><\/li>\n<li><a href=\"https:\/\/vajiramandravi.com\/current-affairs\/evolution-of-criminal-laws-in-india\/\" target=\"_blank\" rel=\"noopener noreferrer\" target=\"_blank\">Evolution of Criminal Laws in India<\/a><\/li>\n<\/ul>\n<hr \/>\n<h3>Q1) What is the difference between summons and warrants?<\/h3>\n<p>The Court in criminal proceedings has two prominent ways to secure the appearance of a person before it, which are namely issuing of summons and issuing of warrants. When a summons is issued, it becomes the duty of the person to appear himself before the court, whereas, in the execution of a warrant, generally a police officer is ordered to arrest the person and produce him before the court.\u00a0<\/p>\n<p><strong>Source:<\/strong> <a href=\"https:\/\/www.livelaw.in\/supreme-court\/no-anticipatory-bail-to-accused-against-whom-non-bailable-warrant-proclamation-under-section-82-crpc-are-pending-supreme-court-252358\" target=\"_blank\" rel=\"nofollow noopener\"><u>No Anticipatory Bail To Accused Against Whom Non-Bailable Warrant &amp; Proclamation Under Section 82 CrPC Are Pending: Supreme Court<\/u><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Section 82 of Cr.P.C 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.<\/p>\n","protected":false},"author":5,"featured_media":21608,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":{"0":"post-21607","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-upsc-prelims-current-affairs","8":"no-featured-image-padding"},"acf":[],"_links":{"self":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts\/21607","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/comments?post=21607"}],"version-history":[{"count":0,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts\/21607\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/media\/21608"}],"wp:attachment":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/media?parent=21607"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/categories?post=21607"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/tags?post=21607"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}