Section 82 CrPC: Proclamation for person absconding

Section 82: Proclamation for person absconding

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(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;

(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.

¹[(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).]

Footnotes in the official text

1.Ins. by Act 25 of 2005, s. 12 (w.e.f. 23-6-2006).

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

82. Proclamation for person absconding.

BNSS 84

Questions on this section

4 questions in 9 of our papers cite Section 82. Try these from the free papers:

1. A Court publishes a proclamation under Section 84(1) of the BNSS against X, who is accused of an offence punishable with imprisonment which may extend to seven years and has absconded. X fails to appear at the specified place and time. Can the Court pronounce X a proclaimed offender under Section 84(4)?
2. Under para 217 of the U.P. Police Regulations, absconding offenders are divided into Class A and Class B. Class B consists of absconders whose: