The Criminal Procedure Code (Cr.P.C.), 1973, lays down the legal mechanisms for dealing with individuals who evade the process of law by absconding or concealing themselves to avoid arrest. Under Sections 82 and 83, the Cr.P.C. provides for the issuance of a proclamation against such individuals, requiring them to appear before the court. If they fail to comply, the law allows for the attachment of their property as a means of compelling their presence. These provisions ensure that absconders cannot evade justice indefinitely, providing legal recourse to bring them before the court while maintaining a fair and transparent procedure. Proclamation and attachment are vital tools in ensuring the effectiveness of the judicial process, especially in situations where the accused deliberately avoids arrest or trial.

Proclamation for Person Absconding (Section 82)

When a person against whom a warrant has been issued is believed to be absconding or concealing himself, making it impossible to execute the warrant, the Court can take specific steps under Section 82 Cr.P.C.

Issuance of Proclamation:

• The Court may issue a proclamation requiring the absconding person to appear at a specified place and time, which shall not be less than 30 days from the date of publishing the proclamation.

Mode of Publication:
The proclamation must be published as follows:

• Public Reading: The proclamation is to be publicly read in a conspicuous place of the town or village where the person ordinarily resides.
• Affixing in Public Places: A copy of the proclamation shall be affixed to a conspicuous part of the house or homestead where the person ordinarily resides, or to a prominent place in such a town or village.
• Affixing in Court-house: A copy shall also be affixed to a conspicuous part of the Court-house.
• Newspaper Publication (Optional): The Court may direct that the proclamation be published in a daily newspaper that circulates in the place where the person ordinarily resides.

Attachment of Property of Absconding Person (Section 83)

Once a proclamation under Section 82 has been issued, the Court may order the attachment of the property belonging to the absconding person. The procedure for this is as follows:

Order for Attachment:

• The Court may order the attachment of any movable or immovable property belonging to the proclaimed person.
• If the Court has reason to believe, based on an affidavit or other evidence, that the person is about to dispose of or remove property, it may order attachment simultaneously with the issue of the proclamation.

Methods of Attachment:

• Movable Property: The attachment of movable property may be done by:
  • Seizure.
  • Appointment of a receiver.
  • A written order prohibiting the delivery of property to the proclaimed person.
• Immovable Property:
  • If the property is land paying revenue to the government, the attachment is carried out through the Collector of the district where the land is located.
  • In other cases, attachment may be done by taking possession of the property or appointing a receiver.

Immediate Sale of Perishable or Livestock Property:

• If the attached property consists of live-stock or is of a perishable nature, the Court may order its immediate sale if it deems it expedient, and the proceeds of the sale shall abide by the Court’s final order.

Powers of Receiver:

• The receiver appointed under Section 83 has the same powers, duties, and liabilities as a receiver appointed under the Code of Civil Procedure, 1908.

Issue of Warrant in Lieu of or in Addition to Summons (Section 87)

In situations where the Court is empowered to issue a summons for a person’s appearance, it can also issue a warrant of arrest if it believes that:

1. The person has absconded or will not obey the summons.
2. The person fails to appear at the appointed time, despite having been served with the summons.

The issuance of such a warrant ensures the presence of the individual in court when there’s reasonable doubt that the summons will not be honored.

Power to Take Bond for Appearance (Section 88)

If a person for whose appearance a summons or warrant has been issued is present in Court, the presiding officer may require the person to execute a bond, with or without sureties, for his future appearance in the Court or any other court to which the case may be transferred.

Arrest on Breach of Bond for Appearance (Section 89)

When a person bound by a bond taken under Cr.P.C. fails to appear in Court, the presiding officer may issue a warrant for the person’s arrest and production before the Court. This ensures the enforcement of the bond and appearance obligations.

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Case Law

State of Madhya Pradesh v. M.N. Bapat (1992 Cri LJ 699):

• The Court held that the procedure laid down for attachment under Section 83 is mandatory and must be followed strictly to protect the rights of the proclaimed person.

K. Bhagyanathan v. State of Tamil Nadu (1989):

• This case emphasized that the attachment of property before the issuance of a proclamation is illegal unless specific requirements are met (i.e., evidence showing an imminent risk of disposal or removal of property).

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Conclusion

The proclamation and attachment of property procedure under Sections 82 and 83 Cr.P.C. ensures that persons who deliberately abscond from justice can be coerced into appearing in court. The legal framework also safeguards the integrity of judicial processes by allowing courts to act swiftly when a person tries to evade summons or a warrant by hiding or absconding. The attachment of property is a serious step, and the law provides mechanisms to ensure it is done lawfully and justly.

The provisions for proclamation and attachment of property under Sections 82 and 83 of the Cr.P.C. play a crucial role in ensuring that absconding individuals are held accountable and brought before the court. These measures not only create legal pressure on absconders but also protect the integrity of the judicial process by preventing delays due to non-appearance. The balance between ensuring justice and providing fair notice to the accused underscores the importance of these sections in maintaining the rule of law. By following due process, the courts are empowered to take action against those attempting to escape legal proceedings, ensuring that justice is neither delayed nor denied.