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Proclamation and Attachment (CrPC)

Updated: May 5


Proclamation and Attachment (CrPC)
Proclamation and Attachment (CrPC)

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Section 82 of the Criminal Procedure Code (CrPC) is a crucial statute that enables courts to handle cases where an individual evades arrest by absconding or concealing themselves.


This section details the procedure for issuing a proclamation for an individual against whom a warrant has been issued and outlines the steps to declare someone a proclaimed offender if they fail to comply.


Issuance and Dissemination of Proclamation

When a court suspects that an individual has absconded or is concealing themselves to evade arrest, it can issue a written proclamation. This proclamation requires the individual to appear at a specified time and place, allowing no fewer than thirty days from its issuance.


The proclamation is to be publicly announced in the area where the individual resides, affixed to their residence or in a conspicuous part of the town or village, and on the court premises. Optionally, it can also be published in a local newspaper.


The court must confirm in writing that the proclamation was duly disseminated as per the specified procedures. This written statement from the issuing court serves as conclusive evidence that the proclamation was correctly issued and disseminated on the specified day, fulfilling the requirements of this section.

 
 

Consequences of Non-Appearance

If the proclamation pertains to an individual accused of severe offences like murder, kidnapping, or robbery, and the individual fails to appear as required, the court may initiate an inquiry. After this inquiry, if warranted, the court may declare the individual a proclaimed offender.


Framework and Court Discretion

The proclamation process requires that a warrant be issued before a proclamation can be made. This is to ensure that there is a formal basis for suspecting that the individual is evading the law. The court has the discretion to direct how the proclamation is to be published to effectively inform the individual of the need to appear in court.


Judicial Precedent

The case of Mahendra Kumar Ruiya v. State of Jharkhand has been significant in outlining the procedural necessities under Section 82. The courts are required to demonstrate due diligence in documenting that the proclamation was published as per the law.


This documentation is crucial as it serves as a precursor to further proceedings under Section 83 of the CrPC, which deals with the attachment of property.


Considerations Before Declaring a Proclaimed Offender

Before declaring an individual a proclaimed offender, the court must be convinced, through evidence, that the individual is actively evading arrest or concealing themselves. The decision to declare someone a proclaimed offender involves serious implications for their liberty and property, necessitating strict adherence to the procedural requirements outlined in Section 82 of the CrPC.


This process must be carried out with careful consideration of the evidence and the legal requirements to ensure fairness and justice in the administration of law.


Attachment

Section 83 of the Criminal Procedure Code (CrPC) delineates the legal framework for the attachment of property belonging to individuals proclaimed as offenders under Section 82. This section serves a critical function in compelling proclaimed persons to comply with court orders by leveraging their property rights.

 
 

Key Provisions for Property Attachment


  1. Authority for Attachment: The court that issued the proclamation under Section 82 may also order the attachment of any movable or immovable property belonging to the proclaimed person. This step is conditional upon the court's satisfaction—determined through affidavits or other evidence—that the individual intends to dispose of or relocate their property outside the court's jurisdiction.


2. Scope of Attachment: Attachment orders are enforceable within the district where they are issued. For property located outside the district, an endorsement by the District Magistrate is required.


3. Methods of Attachment:

  • Movable Property: Attachment may involve seizure, appointment of a receiver, or issuance of an order prohibiting delivery of the property to the accused or their representatives.


4. Special Considerations for Perishable Property: If the attached property includes livestock or perishable items, the court may order their immediate sale, with the proceeds held under court direction.


5. Role of Receivers: Receivers appointed to manage attached properties have powers, duties, and liabilities similar to those defined under the Code of Civil Procedure, 1908.



Objective and Enforcement of Section 83

The primary goal of Section 83 is to ensure the appearance of the proclaimed person by threatening the attachment and potential sale of their property. This enforcement mechanism is strictly contingent upon the prior issuance of a proclamation under Section 82.


Typically, the court waits 30 days after the proclamation's publication before initiating attachment procedures. However, if the individual is believed to be disposing of property imminently, attachment may be expedited.


Judicial Considerations

Written Reasons for Attachment: The court must document its reasons for ordering property attachment, specifying whether the individual is likely to dispose of or remove their property from the jurisdiction.


Conditions for Simultaneous Proclamation and Attachment: Under certain circumstances, the court can issue orders for both proclamation and attachment concurrently. This requires the court to provide detailed reasons for its decision, ensuring that the conditions stipulated in Section 83(1) are met.


Critical Points to Remember When Issuing an Attachment Order


  • Validity of Proclamation: An attachment order can only be issued following a valid proclamation under Section 82, and only if the individual has not complied within the designated period.

  • Court's Subjective Satisfaction: The court must be satisfied that the conditions for attachment, as outlined in Section 83, have been met. This includes the necessity of documenting reasons in the court order that reflect the court's rationale and justification for the attachment.

  • Timing of Attachment Orders: Ordinarily, attachment orders should be issued after the 30-day period following the proclamation's publication. Exceptions apply if the court ascertains that immediate action is necessary to prevent the disposal or relocation of property.

 
 


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