Proclamation and Attachment Under Code of Criminal Procedure

Format to file Application

A proclamation is an announcement in the public forum. When the court needs the person for his trial in the case proceeding and the accused if the accused avoids being present after receiving the summons. The court can issue an arrest warrant to bring the accused to the court. Proclamation is mentioned under sections 82 to 86 Chapter VI of the Code of Criminal Procedure.

When to make a proclamation?

The proclamation conditions are defined under section 82 of CrPC. When the court order to issue a warrant to take the accused to the court and if the accused is concealing himself to present then the court believe that he is an absconding offender. The court issues an order of proclamation against the accused to present in the court at a certain date or time and gives at least 30 30-day time period to present before the court.

Under the Indian Penal Code, section 82 (4) if the accused is the commission of the offenses punishable under the section below mentioned and if he fails to appear before the court as mandatory under the proclamation then the court declares such person as a “proclaimed offender” and announce that.

Offences as:

  • IPC section 302 which is the offence of murder
  • IPC section 304 which is the offense of culpable homicide ( not amounting to murder)
  • IPC section 364 which is the offence of kidnapping
  • IPC section 367 which is the offence of kidnapping or abducting a person to give grievous hurt or slavery
  • IPC section 382 which is the offense of theft and causing death, hurt, etc
  • IPC section 392 which is the offence of robbery
  • IPC section 393 to 400, 402, 436, 449, 459

How the proclamation is made?

Section 82 (2) of the CrPC tells about how the proclamation is made.

  • The proclamation is an announcement which means it is read out in the public forum near the residential area or the village of the accused and some conspicuous part of the house of the accused shall be affixed or on nearby some town or building.
  • The court can also publish an article of proclamation in the newspaper which is circulated in the area of the person’s residence.

Punishment under proclamation

When a person commits an offense of proclamation under section 82 (1) of the Crpc, they will be punished with imprisonment of a maximum 3 years of period.

But in case of non-abidance to the proclamation issued under offense comes under section 82 (4) of the CrPC and they have been declared proclaimed offenders by the court then the punishment shall be imprisonment of 7 years that can be extended and with fine.

The property attached by the court

Under section 82 a person against whom a proclamation is issued by the court then his property has been attached his movable or immovable property as per section 83 of CrPC. This process is done to bring the person in the court for the court proceedings.

If the court found that such a person is disposing of his immovable property or moving the immovable property outside the local jurisdiction of the court then the court orders to attach such property to the local district magistrate of the concerned area or it is movable then it is attached by seizing the property and appoint a receiver. The attachment of property comes under form 7 and form 6 of 2 schedules of the Code of Criminal Procedure.

What is Perishable Property?

Perishable property has a short lifespan such properties as fruits, vegetables, dairy products, and seafood. These types of properties have a certain period after the unused of these products on time it became unusable. So the court ordered the immediate sale of such property. The earnings from that property will be used in the way the court directs.

Claims and objection

Under section 84 of CrPC, if any person other than the proclaimed person appears aggrieved by the attachment the claim and objection will be provided but it is provided if they have any interest in that property and claims within 6 months from the date of attachment. Only then will be a claim allowed or disallowed after the whole inquiry.

When the claimant or objector dies within the period allowed for claims and objection then their legal heirs will act on his behalf.

Disallowing the claims and objection

The claims and objections can be disallowed based on reasons mentioned under section 84 (1) either partly or wholly. Under the period of 1 year of disallowing the claims and objector the claimant and objector right to file a suit in the court but the court will not give any remedy.

Section 85 of the Proclamation

Release, sale, and restoration of property comes under section 85 of CrPC. If the proclaimed person comes to the court and promises not to abscond again then his property is released. If he does not then the property will remain in attachment and after 6 months, it is sold by the state government after 2 years of period.

What is Restoration of Property?

When the proclamation offender appears before the Honorable court within 2 years from the attachment then the process will be followed if

  1. That person should be present before the court in which that order is issued for the attachment of the property.
  2. Such a person has to prove to the court his intention that his intention is not to avoid the warrant issued by the court.
  3. The person has to prove that he does not know about the order of proclamation

The above-mentioned reason proved in the court then the attached property should be delivered back to the person. If the attached property is sold out then the net coming from the sale will be given to him.

Rejection of restoration of property

Under section 86 when the person is not satisfied by the court to deliver the property or the proceeds of the sold property then that person can file an appeal for an order rejecting the application for restoration of property.

Related Caselaw Names

  • Vimalben Ajitbhai Patel vs. Vatsalabeen Ashokbhai Patel and ors.
  • Moideen vs. The Sub Inspector Of Police
  • Vinod khanna vs. State
  • Trigala Veeraya vs. State

Conclusion

In the process of proclamation, time plays a very important role in it. The court will give time to the offender if he comes to the court within 2 years from the issuing of the attachment then the property will be given back to him if the court is satisfied he will not do abscond the court again. For the proclamation offender will be punishable under imprisonment mentioned under the Criminal Procedure Code 1973.

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