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152 Sec. S3, Syn.

1
Chapter VIProcesses to
compel appear*%
Attachment of prop- S. 83. (1) The Court issuing a
proclamation under Section erty of person 82 may, for reasons
to be recorded in writing, at any time after absconding. the
issue of the proclamation, order the attachment of any
property, movable or immovable, or both,
belonging to the proclaimed person :
Provided that where at the time of the issue of the
proclamation the Court is satisfied, by affidavit or otherwise,
that the person in relation to whom the proclamation is to be
issued
(a) is about to dispose of the whole or any part of his
property, or
(b) is about to remove the whole or any part of his property
from the local jurisdiction of the Court,
it may order the attachment simultaneously with the issue of the
proclamation.
(2)Such order shall authorise the attachment of any property
belonging to such person within the district in which it is made;
and it shall authorise the attachment of any property belonging to
such person without such district when endorsed by the District
Magistrate within whose district such property is situate.
(3)If the property ordered to be attached is a debt or other
moveable property, the attachment under this section shall be
made
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such
property to the proclaimed person or to any one on his
behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(4)If the property ordered to be attached is immovable, the
attachment under this section shall, in the case of land paying
revenue to the State Government, be made through the Collector
of the district in which the land is situate, and in aii other cases
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent or
delivery of property to the proclaimed person or to any one
on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock
or is of a perishable nature, the Court may, if it thinks it expedient,
order immediate sale thereof, and in such case the proceeds of the
sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed

(7) under this section shall be the same as those of a receiver


appointed under the Code of Civil Procedure, 1908 (5 of 1908).
SYNOPSIS
and
application.This
section penalizes a person who 83, Syn
Attachment1.ofScope
property of
person
absconding
seeks to avoid his arrest under a warrant and against whomSec.
a
1
is issued
under5 Wrong
the previous
For
Scope and application
... 152
entry as section....
12 proclamation
154
disobedience
of the
proclamation,
he paying
incurs revenueto
liability to
.6 absconder
,.
At
any
time
after
the
Land
v be
S. 174 of
the Indian
Penal Code. This provision
154
. punished
of under
.7 Government
proclamation
... 153
Simultaneous
isissue
devised
towithout
put additional
pressure
upon the
absconder
by
.
attachment
with
...
Attachment
...
153
proclamation
(SubIf
of his property,
withsec.
a view
to compel him
154to
proclamation
(1),
(Proviso))
4 depriving
Refusal tohim
execute
... 154
obedience.
However,
the
provisions
of
the
Code,
not
being
. applicable
bond
to contempt
COMMENTS

proceedings, these sections cannot be availed of for securing


the presence of the
alleged contemner or, in default, to attach his property.20 The object of attaching
property of an absconder is not to punish him but to compel his appearance. If the
property has not been confiscated or21disposed of, the title thereof continues to vest in
the owner and thereafter in his heirs.
In prosecution of Director of a Company for offence under S. 454(5), Indian
Companies Act, for non-filing of statement of affairs, when the Director is evading
appearance before the Court, or has absconded, the Court passing winding up order can
issue process under Ss. 82 and2283 CrPC for procuring the presence of the Director of
the Company before the Court.
The issuance of non-bailable warrant as well as the processes under Ss. 82 and 83
Cr.P.C. is harsh; the Court should issue summons to the accused first and if he does not
respond
to it then issue non- bailable warrant and other processes provided under the
law.23
An order of attachment in the absence of the material to show that the accused was
absconding was illegal.24
An army personnel who is in active service and in operational cannot be said that
he is avoiding the service, and as such he cannot be declared a proclaimed offender 25,
and action against him under S. 83 would be unsustainable.
Where accused did not get anticipatory bail, still proclamation of absconder and
attachment of his property under Ss. 82 and 83 can be issued against him.26
Only the property of the absconder and not of some other person e.g. father of the
absconder would be attached under S. 83 CrPC.27
2. At any time after the issue of proclamation.The proclamation issued under
S. 82 requires appearance of the person, against whom warrant has been issued,
at a specified time at a specified place. The date fixed should not be less than
thirty days from the date of publication of the proclamation. If that be so,
simultaneous attachment of property cannot be effected. However, even if such
an attachment is made under the proviso, the Court on such proclaimed offender
appearing before it within the time specified in the proclamation, shall release
the property under S. 85(1).
An order of attachment of property should not be passed in haste and without the
proper application of mind. The Court should wait 28for a period of thirty days to enable
the accused to appear in terms of the proclamation.
Prior issuance of a proclamation directing the person concerned to appear is a
necessary precondition before issuance of warrant of attachment of property 29
3. Attachment without proclamation..When there is no material to show that the
accused was30absconding, order of attachment without issuing proclamation under S.
82 is illegal. In order to attract the penal consequences mentioned in this section, the
proclamation under the previous section should be a valid proclamation satisfying all
the three clauses with regard to its publication.
154 Sec. 84, Syn.

compel
appear^

4. Refusal to execute bond.Magistrate has no power to commit a person to custody, if hcitw


to execute a bond as contemplated by this section.31
5. Wrong entry as absconder.Where a persons name continued to be shown as abscond^
police papers for subsequent years due to wrong entry, without proclaiming him as absconder f|l
Sections 82 to 85, his subsequent arrest without a warrant
treating him as an absconder, is
unjustified^ wrongful as S. 41 did not apply to the case.32

6. Land paying revenue to Government.A land paying revenue to the State Government can
\ attached by the District Collector only. When the land is attached and possession is taken over, ^
person taking it over becomes liable to pay the land revenue and the owner is exonerated. It is,
therefore seen that the Collectorthe highest revenue officer of the district should, upon taking over
possess^ record the fact of taking over possession by him or by any other person absolving the
owner from^ liability to land revenue. The moment possession is taken over, the owner is absolved
from the ptyo^ of land revenue. In the instant case, it appears that there was no valid order of
attachment as the land wag a revenue-paying
one and it should have been attached by the Collector
of the District and not by du police officer.33
7.
Simultaneous attachment with proclamation (Sub-sec. (1), (Proviso)).The
procedure U down under Section 83 has to be followed strictly. Jurisdiction to pass an attachment
order cannot be assumed unless a proclamation under Section 82 of the Code has been issued. The
normal rule is that the Magistrate has to wait until the expiry of 30 days, to enable the accused to
appear in terms of fo proclamation. The words at any time after the issue of proclamation are not
to be interpreted a isolation. The key for gathering the intention of the law makers is to be found in
Section 82 of the Code Sections 82 and 83 are to be read in harmony. Thus, except in cases covered
by the proviso to Section 83(1) the attachment order has to maintain a distance of not less than 30
days from the date of the publication u/s. 82. The words at any time in Section 83(1) only mean
that if after the issue of proclamation either of the two conditions mentioned in Clauses (a) and (b) of
the proviso to Section 83(1) come into existence, an order of attachment may be made without
waiting for 30 days to expire. Even is such a case the Magistrate has to record his reasons for
arriving at the34judicial satisfaction that such conditions as mentioned in the proviso to have come
into existence.
The sine qua non for an action under S. 82 is the prior issuance of warrant of arrest by the
Court. There must be a report before the Magistrate that the person against whom the warrant
was issued by him had absconded or had been concealing himself so that such warrant
can be
issued. An attachment warrant can be issued only after the issuance of proclamation.35

20. V.G. Peterson v. Forbes, AIR 1963 SC 692 : (1963) 1 Supp SCR 40: (1963) 1 CrU
633.
21. DayanandKalu v. Haryana, AIR 1976 Punj 190.
22. Official Liquidator, Allahabad HC. v. Vinay Bagla, 2004Cri Li 3529 (3536) (All).
23. Dinesh Chandra Tiwari v. State of U.P., 2001 CrLJ 318 (320) (All), Md. Nazrul
Islam v. State of Assam, 2008 CrU 3374 (3378) (Gauh).
24. Ratish Rai v. Mohesh Singh, 1985 CrU 94 (Gau); Md. Nazrul Islam v. State of
Assam, 2008 CrU 3374 (3378) (Gauh).
25. Nirmala Devi v. State of HP., 2003 CrU 3499 (3500) : (2003) 4 All Cri LR 429 :
(2003) 1 Cur U 702 (HP)
26. Ruchi Goyal v. State, 2003 CrU NOC 256: (2003) 104 DLT 347 : (2003) 69 DRJ 479
(Delhi).
27. Puneshwar Prasad Singh v. State of Jharkhand, 2004 CrU 4493 (4494) (Jhar).
28. Devendra Singh Negi v. State of UP., 1994 CrU 1783 (1788, 1789) : 1993 (2)
Crimes 728 (All); see also Gurappe Guggal v. State of Mysore, 1969 CrU 826.
29. Dip Narain Singh v. State of Bihar, 1981 CrLJ 1672 (Pat).
38. Ratish Rai v. Mohesh Singh, 1985 CrLJ 94 (Gau).