Understanding Section 82 of the Code of Criminal Procedure (CrPC)                                         

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March 18, 2024

Understanding Section 82 of the Code of Criminal Procedure (CrPC)                                         

In the recent ruling by the Supreme Court, it was established that an accused cannot claim pre-arrest bail if there is a pending non-bailable warrant and proclamation under Section 82(1) of the CrPC against them.

Overview of Section 82 of CrPC:

  • Section 82 of the CrPC allows for the issuance of a proclamation when the court has reason to believe that an individual has concealed themselves or absconded to avoid warrant execution.
  • The court can form its opinion either on its own or based on evidence presented by the prosecution.
  • The proclamation, issued in writing, orders the accused to appear at a specified place, with a minimum of 30 days’ notice from the proclamation’s publishing date.
  • This provision aims to compel the accused to appear in court rather than punish them, hence a proclamation can only be issued after a warrant is issued.
  • The court must record reasons to substantiate the proclamation order, avoiding arbitrary issuance.

Issuance Procedure (Subsection (2) of Section 82):

  • Proclamation publication methods include:
  • Public reading in the town or village of the accused’s ordinary residence.
  • Affixing at the accused’s residence or a prominent place in the town or village.
  • Circulation in a local newspaper.

Proclaimed Offender:

  • An individual failing to comply with the proclamation’s requirements can be declared a proclaimed offender, especially in serious IPC offences.
  • Law enforcement can arrest a proclaimed offender without a warrant, and even private individuals can arrest and hand them over to the police.
  • The proclaimed offender status ends upon arrest or when the individual is capable of appearing in court.
  • Penalties for proclaimed offenders may include imprisonment up to seven years and fines.

Distinguishing Proclaimed Offender from Proclamation:

  • A proclamation serves as notice to an accused believed to be evading arrest, while a proclaimed offender is a title bestowed upon an individual against whom a proclamation has been issued and who has committed serious offences.
  • The proclaimed offender title follows an inquiry confirming the individual’s intentional evasion of arrest, leading to penalties and other disqualifications.

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Understanding Section 82 of the Code of Criminal Procedure (CrPC) | Vaid ICS Institute