Code of Criminal Procedure, 1973 · Chapter VI: Processes to Compel Appearance · C.–Proclamation and attachment
Section 82: Proclamation for person absconding
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:—
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. [(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.
(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).]
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 82
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Raj Kumar @ Bheema v. State of NCT of Delhi
Appellant-accused was convicted for the offence punishable u/s.302 IPC. The High Court further affirmed the order on sentence dated 20.02.2021, whereby the accused-appellant was sentenced to undergo imprisonment for…
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Pinki v. State of Uttar Pradesh and Anr.
Whether the High Court erred in passing various orders granting bail to accused persons in matters involving offences of serious nature of child trafficking.
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Serious Fraud Investigation Office v. Aditya Sarda
Matter pertains to the sustainability of orders passed by the High Court granting anticipatory bail to respondents accused of serious economic offences, and avoiding execution of summons or warrants, disobeying the…
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Daljit Singh v. State of Haryana & Anr.
Issue arose as regards the order passed by the High Court refusing to quash the complaint, summoning order and order declaring the appellant a proclaimed offender passed by the Magistrate; whether the proclaimed…
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Tarsem Lal v. Directorate of Enforcement Jalandhar Zonal Office
(a) Whether the complaint filed u/s.44(1)(b) of Prevention of Money Laundering Act, 2002 will be governed by sections 200 to 205 of the CrPC; (b) If the accused was not arrested by the ED till the filing of the…
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Sukhpal Singh v. NCT of Delhi
Appellant was convicted u/s.302, Penal Code, 1860 for the murder of his wife. Courts below whether justified in holding that the statement of Complainant-PW-1 recorded in proceedings u/s.299, Code of Criminal Procedure,…
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Child in Conflict With Law Through His Mother v. The State of Karnataka and Another
(i) Whether the period provided for completion of preliminary assessment u/s. 14(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015 is mandatory or directory; (ii) Whether the words ‘Children’s…
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Somnath v. The State of Maharashtra & Ors.
Whether criminal proceedings should be initiated against a police officer who has committed excesses on individual in police custody?
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Srikant Upadhyay & Ors. v. State of Bihar & Anr.
Whether there could be any bar on the Trial Court for proceeding u/s. 82 Cr.P.C., merely because an anticipatory application for bail has been filed or because such an application was adjourned without passing any…
- Ravi Mandal v. State of Uttarakhand
- Bimla Tiwari v. State of Bihar & Ors .
- Aminuddin v. State of Uttar Pradesh & Anr.
- Abhishek v. State of Maharashtra & Ors
- Bijender @ Mandar v. State of Haryana
- Prem Shankar Prasad v. The State of Bihar & Anr.
- Vipan Kumar Dhir v. State of Punjab and Another
- Somesh Chaurasia v. State of M.P. & Anr.
- Aminuddin v. State of Uttar Pradesh and Another
- Rahul v. State of Haryana
- P. Mohanraj & Ors. v. M/S. Shah Brothers Ispat Pvt. Ltd.
- Satish Chander Ahuja v. Sneha Ahuja
- The State of Madhya Pradesh v. Dhruv Gurjar and Another
- Ganga Malik v. Union of India & Ors.
- Pankaj Jain v. Union of India & Anr.
- State of Bihar v. Rajballav Prasad@ Rajballav Pp. Yadav@ Rajballabh Yadav
- Licil Antony v. State of Kerala&Anr.
- Sundeep Kumar Bafna v. State of Maharashtra & Anr.
- State of Madhya Pradesh v. Pradeep Sharma
- Subhash Popatlal Dave v. Union of India & Anr.
- Arun Kumar Yadav v. State of U.P. Thru Dist. Judge
- M. Manohar Reddy & Anr. v. Union of India & Ors.
- Lavesh v. State (Nct of Delhi)
- Satya Narayana Tiwari and Anr. v. State of U.P.
- Virender Prasad Singh v. Rajesh Bhardwaj & Ors.
- Kedar Narayan Parida and Ors. v. State of Orissa and Anr.
- Jayendra Vishnu Thakur v. State of Maharahstra and Another
- M/S. Eicher Tractor Ltd. and Ors. v. Harihar Singh and Anr.
- Vimalben Ajitbhai Patel v. Vatslabeen Ashokbhai Patel and Ors.
- Sarvesh Narain Shukla v. Daroga Singh & Ors.
- Gajanand Agarwal v. State of Orissa and Anr.
- Virendra Kumar v. State of U.P.
- Ajendraprasadji N. Pande and Anr. v. Swami Keshav Prakeshdasji N. and Ors.
- Usha Agarwal v. Union of India and Ors.
- Gajanand Agarwal v. State of Orissa and Ors.
- Vinod K. Chawla v. U.O.I. and Ors.
- Ashfaq v. State (Govt. of NCT of Delhi)
- Amina Ahmed Dossa and Ors. v. State of Maharashtra
- Jai Mangal Oraon v. Smt. Mira Nayak and Ors. Etc.
- Nirmal Singh v. State of Haryana
- Arun Shankar Shukla v. State of U.P. and Ors.
- P.M. Hari Kumar v. Union of India and Ors.