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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Procedure for Issuance of Proclamation under Section 82 Cr.P.C. - Section 82 mandates that a proclamation against an absconding person must be issued only after proper legal procedures are followed, including recording reasons for the proclamation and ensuring the person is notified appropriately. The proclamation must be read aloud in a conspicuous place of the person's residence or the place of arrest to inform the public 2023 0 Supreme(All) 1474, 2024 0 Supreme(All) 397, 2023 0 Supreme(P&H) 3376.
Publication Requirements - Section 82(2) specifies that the proclamation must be published in a conspicuous place of the town or village where the person resides or is believed to be. The order must also be read out publicly, and the process should not be mechanical or cursory. Failure to adhere to these provisions renders the proclamation illegal and liable to be quashed 2023 0 Supreme(All) 1474, 2023 0 Supreme(P&H) 3376, 2024 0 Supreme(P&H) 211.
Legal Validity and Irregularities - Orders issued without following the prescribed procedure, such as issuing proclamation and warrants simultaneously without proper reasons, or not serving notices, are considered null and void. Courts have emphasized that procedural irregularities, like not reading the proclamation publicly or issuing it without proper grounds, invalidate the proceedings 2024 0 Supreme(P&H) 1306, 2024 0 Supreme(Pat) 732,
Pradeep Agnihotri VS State of U. P. Thru. Prin. Secy. Home Deptt. Lko. - Crimes
.Declaration of Proclaimed Person/Offender - A person cannot be declared proclaimed unless all procedural steps are meticulously followed. This includes proper publication, service of notices, and adherence to formalities. Orders based on incomplete or improper procedures are subject to being set aside 2024 0 Supreme(P&H) 1306,
Pradeep Agnihotri VS State of U. P. Thru. Prin. Secy. Home Deptt. Lko. - Crimes
, 2023 0 Supreme(All) 1474.Special Cases and Court Guidelines - Courts have issued detailed guidelines emphasizing that proclamation proceedings should not be initiated against witnesses or in a casual manner. Also, the court must record reasons for issuance and ensure compliance with all procedural mandates before declaring someone proclaimed 2023 0 Supreme(SC) 1770.
Analysis and Conclusion:The procedure under Section 82 Cr.P.C. involves a strict legal framework designed to ensure fair notice and proper publication of the proclamation against an absconding person. It requires the court to record reasons, serve notices, and read out the proclamation publicly in the concerned locality. Any deviation, such as issuing proclamation without proper publication, reading, or service, renders the order illegal and subject to quashing. Courts have consistently held that adherence to procedural safeguards under Section 82 is mandatory to uphold the legality of proceedings related to proclaimed persons or offenders.
In the Indian legal system, securing the presence of an accused who is or concealing themselves is a critical process governed by the . One common query from legal practitioners and individuals involved in criminal cases is: What is the Procedure for doing Proceeding under Sect 82 of Crpc? This blog post breaks down the procedure under Sections 82 and 83 CrPC, highlighting mandatory steps, judicial safeguards, and insights from key judgments to ensure compliance and avoid .
Understanding this procedure is vital, as courts strictly scrutinize it to protect the accused's rights while compelling their appearance. Note that this is general information based on established legal precedents and should not be considered specific legal advice—consult a qualified lawyer for your case.
Sections 82 and 83 CrPC provide mechanisms to compel the attendance of persons who evade legal processes. Section 82 deals with the issuance of a declaring the person a or , while Section 83 allows for the if they fail to appear. The purpose of proceeding under Sections 82 and 83 CrPC is to secure the presence of the person. 2021 0 Supreme(Del) 831
These provisions are invoked only after a remains unexecuted, ensuring the process is not initiated hastily. Courts emphasize that no person can be declared a /person unless the procedure prescribed under , is meticulously adhered to. 2025 Supreme(Online)(P&H) 7211
Before proceeding under Section 82, certain foundational steps are mandatory:
Issuance of Arrest : The court must first issue a based on its belief that the accused is or concealing themselves. 2019 0 Supreme(Jhk) 1488 1996 0 Supreme(All) 1089
Application of : The Magistrate must apply their mind, verify facts, and document reasons for believing the accused is evading arrest. Failure to do so renders the order vulnerable to quashing. 2019 0 Supreme(Jhk) 83 1996 0 Supreme(All) 1089
The Magistrate is required to apply their mind and verify facts before issuing a process under Section 82. 2019 0 Supreme(Jhk) 83
These prerequisites prevent mechanical or routine issuance of proclamations.
Once prerequisites are met, the procedure unfolds as follows:
Issuance of (): If the cannot be executed, the court issues a requiring the person to appear within 30 days. This declares them a or Offender. 2021 0 Supreme(Del) 2113 1996 0 Supreme(All) 1089
Mandatory Requirements (): The court must record a clear finding that the accused is . The must be:
Section 82 mandates that a against an person must be issued only after proper legal procedures are followed, including recording reasons for the and ensuring the person is notified appropriately. 2023 0 Supreme(All) 1474
Publication and Service: Non-compliance with publication rules, such as not reading it publicly or improper affixture, invalidates the order. The must be published in a conspicuous place of the town or village where the person resides or is believed to be. The order must also be read out publicly, and the process should not be mechanical or cursory. 2023 0 Supreme(All) 1474 2023 0 Supreme(P&H) 3376 2024 0 Supreme(P&H) 211
Consequences of Non-Appearance: If the person fails to appear, proceedings under Section 83 for property attachment may follow. 1996 0 Supreme(All) 1089
Proceedings under Sections 82 and 83 CrPC should be commenced only after exhausting other modes to secure presence. 2021 0 Supreme(Del) 831
Post-, if the accused remains absent:- The court may attach movable and immovable property.- Notice must be served, and a receiver may be appointed.- This step reinforces the compulsion to appear but requires strict adherence to avoid illegality.
Higher courts vigilantly oversee these proceedings to prevent abuse:
Reasons Must Be Recorded: Orders without proper reasoning or verification are quashed. Courts have emphasized that the issuance of processes under Sections 82 and 83 should not be done in haste. Any order issued without proper reasoning or verification can be quashed. 2022 0 Supreme(Jhk) 841 2019 0 Supreme(Jhk) 1467
Procedural Irregularities: Simultaneous issuance of warrants and proclamations without grounds, or skipping public reading, nullifies orders. Orders issued without following the prescribed procedure, such as issuing and warrants simultaneously without proper reasons, or not serving notices, are considered . 2024 0 Supreme(P&H) 1306 2024 0 Supreme(Pat) 732
Pradeep Agnihotri VS State of U. P. Thru. Prin. Secy. Home Deptt. Lko. - Crimes
Not for Witnesses or Casually: Courts have issued detailed guidelines emphasizing that proceedings should not be initiated against witnesses or in a casual manner. 2023 0 Supreme(SC) 1770
Examples include cases where proceedings were quashed for lack of adherence, such as in 2022 0 Supreme(Jhk) 841 2019 0 Supreme(Jhk) 1488. The applicant has not cooperated at all in the investigation, which led to the issuance of ... The proceedings under Section 82 of CrPC have already been initiated. 2023 0 Supreme(Del) 58
Declaration as : Only after meticulous compliance. Incomplete procedures lead to orders being set aside. 2024 0 Supreme(P&H) 1306
Pradeep Agnihotri VS State of U. P. Thru. Prin. Secy. Home Deptt. Lko. - Crimes
2023 0 Supreme(All) 1474Right to Life and Procedure: Any deprivation must follow established law, aligning with safeguards. 2016 0 Supreme(Manipur) 143
Practical Steps for Authorities: The Magistrate should then be requested to issue under Section 82 CrPC and order under . 2021 0 Supreme(Del) 831
The procedure under Sections 82 and 83 CrPC balances compelling attendance with protecting rights through mandatory safeguards like judicial application of mind, proper publication, and recorded reasons. Deviations often result in quashing by higher courts, underscoring the need for precision.
Key Takeaways:- Always issue a first and document evasion.- Follow publication meticulously.- Provide detailed reasoning to withstand scrutiny.- Train on procedures to avoid steps are being taken to get process issued under Section 82 CrPC without basis. 2022 0 Supreme(Pat) 632
For Magistrates and lawyers, adhering to these steps ensures robust proceedings. This overview draws from precedents like 2021 0 Supreme(Del) 2113 2019 0 Supreme(Jhk) 1488 2019 0 Supreme(Jhk) 1467 2022 0 Supreme(Jhk) 841 1996 0 Supreme(All) 1089 2023 0 Supreme(P&H) 844, emphasizing procedural sanctity.
Word count: 1028. This post is for informational purposes only.
References:- 2021 0 Supreme(Del) 2113 2019 0 Supreme(Jhk) 1488 2019 0 Supreme(Jhk) 1467 2022 0 Supreme(Jhk) 841 1996 0 Supreme(All) 1089 2023 0 Supreme(P&H) 844 2023 0 Supreme(P&H) 1104 2025 Supreme(Online)(P&H) 7211 2023 0 Supreme(Del) 58 2022 0 Supreme(Pat) 632 2021 0 Supreme(Del) 831 2016 0 Supreme(Manipur) 143 2023 0 Supreme(All) 1474 2024 0 Supreme(All) 397 2023 0 Supreme(P&H) 3376 2024 0 Supreme(P&H) 211 2024 0 Supreme(P&H) 1306 2024 0 Supreme(Pat) 732
Pradeep Agnihotri VS State of U. P. Thru. Prin. Secy. Home Deptt. Lko. - Crimes
2023 0 Supreme(SC) 1770 #CrPCSection82, #ProclaimedOffender, #LegalProcedure
Hence, it can be stated that proper procedure as prescribed under Section 82 of Cr.P.C. was not followed while declaring the petitioner as a proclaimed person. 8. ... It is further submitted that the petitioner was not served with any notice/warrants and had been declared a proclaimed person without following the proper procedure prescribed under Section 82 Cr.P.C. Hence, it is urged tha....
The orders issuing process under section 82 Cr.P.C. as also under section 83 Cr.P.C. were clearly contrary to the procedure prescribed under the Code of Criminal Procedure. The same thus being not sustainable, are both fit to be quashed. 12. ... The procedure adopted by the learned trial Court was of issuing non bailable warrant, process under section 82 and thereafter ....
Adding his arguments, he has drawn attention towards the procedure prescribed for issuance of proclamation under section 82 of Cr.P.C. Section 82 of Cr.P.C. are read as under:- "82. Proclamation for person absconding. ... Procedure for Publication of the Proclamation Section 82(2) Cr.P.C. -As per section 82(2) #HL_ST....
If any order issuing proclamation under Sections 82/83 Cr.P.C. lacks the aforesaid procedure, the such order would be nullity in the eyes of law. ... Sometimes, it has been noted that the Investigating Agency seeks proclamation order from the court concerned so as to exert the pressure upon the person concerned and the court concerned without taking care of specific procedure issues proclamation under Sections 82....
If any order issuing proclamation under Sections 82/83 Cr.P.C. lacks the aforesaid procedure, the such order would be nullity in the eyes of law. ... Sometimes, it has been noted that the Investigating Agency seeks proclamation order from the court concerned so as to exert the pressure upon the person concerned and the court concerned without taking care of specific procedure issues proclamation under Sections 82....
It is surprising that the trial Court has adopted a procedure under Section 82 Cr.P.C. against a witness, though the procedure under Section 82 Cr.P.C. is meant for appearance of an accused person." ... The High Court by its impugned order even while granting bail to the accused issued detailed and elaborate guidelines with respect to the manner of issuing proclamations under Sections #H....
Hence, proclamation proceedings u/s 82 of Cr.P.C be initiated against the accused Parminder Singh for 05.09.2022.” ... including order dated 11.07.2022 vide which the proceedings under Section 82 Cr.P.C. for declaring the petitioner as Proclaimed person have been initiated. ... “Complaint” has been defined under Section 2 (d) of the Cr.P.C. and has to be filed in accordance with the procedure#HL....
The law is well settled that no person can be declared a proclaimed offender/person unless the procedure prescribed under Section 82 of the Code of Criminal Procedure, 1973, is meticulously adhered to. ... It has further been submitted that the learned Court below scrupulously adhered to the procedure prescribed under Section 82 of the Code of Criminal Procedure, 1973, and no infirmity o....
Section 82 (2) (i) (a) of the Code of the Criminal Procedure 1973, required that the proclamation shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides. ... The impugned order dated 22.04.2023 thus being in violation of compliance of Section 82 (2) (i) (a) of the Code of Criminal Procedure is accordingly set aside. 7. The present revision petition is allowed. ... U....
This prima facie satisfaction is not being made out by the order dated 26.04.2018 as passed by the trial Court, which amounts to violation of procedure prescribed under Section 82 Cr.P.C. 12. ... The proclamation proceedings were not conducted in accordance with the procedure laid down under Section 82 Cr.P.C. Therefore, prayer has been made by the petitioner for setting aside the impug....
The applicant has not cooperated at all in the investigation, which led to the issuance of non-bailable warrants by the concerned Trial Court. The proceedings under Section 82 of CrPC have already been initiated.
At this stage, show cause notices have been issued to the then S.P. (C) and the I.Os. Steps are being taken to get process issued under Section 82 Cr.P.C.
The purpose of proceeding under Sections 82 and 83 CrPC is to secure the presence of the person. Depending on the nature of the offence, the person absconding or concealing himself may be declared as a "Proclaimed Person" or a "Proclaimed Offender" under Section 82(2) CrPC. The Magistrate should then be requested to issue proclamation under Section 82 CrPC and attachment of property order under Section 83 CrPC. Proceedings under Sections 82 and 83 CrPC should be com....
The exercise of powers under section 82 Cr.P.C by the Magistrate must disclose proper application of mind by him. As indicated hereinabove there is no formal order passed by the Magistrate for issue of process under section 82 Cr.P.C. Without having adopted the procedure under section 82 Cr.P.C, process under section 83 Cr.P.C cannot be issued.
His contention is that the right to life as guaranteed under Article 21 could be deprived only in accordance with the procedure established by law as has been mentioned above. Further, relying on the decision in Arup Bhuyan Vs. State of Assam, (2011) 3 SCC 377, Mr. I. Lalitkumar, Learned Senior Counsel contends that even being a member of a banned organisation will not make a person criminal unless he resorts to or incites people to violence or creates public disorder by violence or incitement....
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