Sharodiya Chowdhury

A009

TY BBA LLB (Hons.)

PROCLAIMATION AND ATTACHMENT (Sec 82 86 of CrPC)

About CrPC:

The Code of Criminal Procedure (CrPC) is the main legislation

on procedure for administration of substantive law. Substantive law cannot
achieve its objective effectively, without the assistance of procedural law. It
provides the machinery for the investigation of crime, apprehension of
suspected criminals, collection of evidence, determination of guilt or
innocence of the accused person and the determination of punishment of
the guilty.

Introduction to the Topic

Section 82 empowers the Court to issue proclamation against a person
when a warrant against him is returned unexecuted for evasion,
concealment or abscondence. The power is common to all Magistrates and
can be exercised against persons concerned in summons cases or witnesses.
Section 83 86 mentions about Attachment of property of person
absconding, with the claims and objections to attachment that should be
mentioned. A prescribed method is mentioned for the Release, sale and
restoration of the attached property. However, Section 86 talks about the
Appeal from order rejecting application for restoration of the attached
property.

Relevant sections
Chapter VI: Processes To Compel Appearance,
Sec 82-86: Proclamation and attachment

Relevance of the Topic

To meet the ends of justice, it is critical to produce the accused to conclude
the trial, he must be present in person to receive the sentence/acquittal.
Also, his presence is necessary if imprisonment is to be enforced. Further,
the supremacy of the law will be questionable if there is no formal process
to bring the required persons before the court. For this reason, Chapter VI
(Sections 61 to 90) of CrPC provides ways for compelling the appearance of
any person who is required to be present in the court.

Books to be referred
Criminal Procedure Code, 1973
Lectures on Criminal Procedure by R. V Kelkar
Sudipto Sarkar, The Code of Criminal Procedure, Lexis Nexis, Vol 1,
Ed. 10th, 2013.
K.D Gaur, Textbook on The Criminal Procedure, Ed. 1, Universal Law
Publishing, 2016
Cassesses International Law, Ed. 3rd, Oxford, 2013.

Precedents lied upon:

Rohit Kumar v. State of NCT Delhi, 2008
Loknath Singh v. State of Bihar, 2003 AIR Jhar HCR 316
Puneshwar Prasad Singh v. State of Jharkhand, 2004