What is Section 82 of Code of Criminal Procedure (CrPC)?

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What is Section 82 of Code of Criminal Procedure (CrPC)? Blog Image

Overview:

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 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. 

Difference between Proclaimed Offender and Proclamation

  • A proclamation is a notice to the accused, who is believed by the court to have absconded or concealed himself to evade execution of warrants, whereas, proclaimed offender is a title that is conferred upon a person against whom a proclamation has been published and also who have committed a serious offence. 
  • The title of a proclaimed offender is declared after an inquiry is conducted by the court, in which the court has to confirm that such a person has been intentionally in hiding to evade the execution of warrants. 
  • The title of proclaimed offender opens up the person to penal liabilities and also to other disqualifications.

Also Read:


Q1) What is the difference between summons and warrants?

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. 

Source: No Anticipatory Bail To Accused Against Whom Non-Bailable Warrant & Proclamation Under Section 82 CrPC Are Pending: Supreme Court