What is Section 82 CrPC about?
Asked by: Prof. Cleve Bednar DDS | Last update: February 2, 2026Score: 4.6/5 (61 votes)
Section 82 of India's Code of Criminal Procedure (CrPC) allows a court to issue a proclamation (public notice) for a person who is absconding or hiding to evade a warrant, requiring them to appear at a specific time and place, typically at least 30 days later. If the person fails to appear, the court can declare them a "proclaimed offender," triggering stricter penalties under Section 174A of the Indian Penal Code (IPC) and allowing for property attachment under Section 83 CrPC.
What is the purpose of Section 82 CrPC?
The Jaipur bench of the Rajasthan High Court has reiterated that the purpose of initiating proceedings under Section 82 CrPC is to secure the presence of the accused who is stated to be absconding, and once that purpose was achieved the proceedings are to be withdrawn.
What is the new section 82 of CrPC?
If Any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specific place and at a ...
Is Section 82 CrPC bailable or non-bailable?
The first category of cases holds that once an accused has been declared a proclaimed offender under Section 82 CrPC (or Section 84 BNSS), he is not entitled to the relief of anticipatory bail.
What is the difference between section 82 and 83?
Section 82 states that nothing is an offense for a child under 10 years of age. Section 83 specifies that nothing is an offense for a child between 10 and 12 years old who does not have sufficient maturity to understand their actions.
When does the 82, 83 CrPC court declare someone a fugitive? When is a proclamation issued?
What is the Supreme Court Judgement on Section 82 CrPC?
In a groundbreaking judgment, the Hon'ble Supreme Court, on November 12, 2024, has held that the grant of anticipatory bail is not automatically barred even when the applicant is declared as a proclaimed offender under Section 82 of the Code of Criminal Procedure (“CrPC”).
What is CrPC 82 and 83?
Sections 82 and 83 of the CrPC outline the procedures to be followed after the issuance of summons. If a summons is not complied with, these sections provide for the issuance of a proclamation and subsequent attachment concerning the person to whom the proclamation is issued. Relevance of Forms and Provisions: 3.
Can a property be attached under Section 82?
Under Section 82, the court may, after declaring any person to be a proclaimed offender, proceed to attach his property under Section 83 of CrPC. Such attachment would mean movable and immovable properties belonging to the absconding person.
What does accused absconded mean?
When a criminal defendant leaves the jurisdiction relevant to their legal case before or during a trial, they can be considered to have absconded.
What happens after a proclamation?
The state's governor issued a proclamation, after obtaining the consent of the President of India allowing Governor's rule for up to six months after which President's rule under Article 356 of the Constitution of India could be imposed.
What is Section 82 of the Indian Evidence Act?
It states that if the document, by the law of England or Ireland, is admissible in a Court in England or Ireland, without proof of seal or stamp or signature; or of the judicial or official character claimed by the persons by whom it purports to be signed, then the Indian Court will presume the seal, stamp or signature ...
How does CrPC deal with maintenance?
125 of Crpc (now sec. 144 of BNSS) provides monetary relief to persons who are unable to maintain themselves and are dependent on someone, usually husband, then they can claim maintenance under this section. The person who can claim monetary relief are: Wives - if she is not able to maintain herself.
What is the punishment for proclaimed offenders?
If someone doesn't appear at the specified place and time as required by a proclamation published under section 82 of the Code of Criminal Procedure, they can be punished with up to three years of imprisonment, a fine, or both; if declared a proclaimed offender, the punishment can be up to seven years of imprisonment ...
What is the punishment for non-appearance under Section 82?
Whoever fails to appear at the specified place and the specified time as required by a proclamation published under subâ€'section (1) of section 82 of the Code of Criminal Procedure, 1973, shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration ...
What is section 82 notice?
(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a ...
What does obtaining money by deception mean?
Obtaining money or property by deception
The Fraud Act 2006 makes it a criminal offence to trick others into giving you money or property. This can be done in a variety of ways, including making false statements, concealing information, or abusing a position of trust.
Can accused who absconded be prosecuted?
Accused Who Absconded Can Be Prosecuted Under S. 174A IPC Even If Proclamation Under S. 82 CrPC Is Extinguished : Supreme Court.
Can you go to jail for absconding?
Abscond means leaving a jurisdiction secretly or suddenly, e.g. to avoid service of process, arrest, or prosecution; or leaving with another person's money or property. Absconding is generally a criminal offense which may lead to imprisonment in jail. In Smith v.
What are the two types of absconding?
There are two types of absconding; planned and unplanned absconding. Winston (1987) calls these two types resource-induced absconding and disturbance-induced absconding respecitvely.
What is the process under section 82 CrPC?
Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has ...
What is the landmark Judgement on Section 82 of the CrPC?
Aryan Deshmukh. The Supreme Court, in a landmark decision (Asha Dubey v. State of Madhya Pradesh), has ruled that being declared a proclaimed offender under Section 82 of the CrPC does not preclude the right of a person to seek anticipatory bail.
What are the grounds for revision?
Grounds for Revision
An error of law apparent on the face of the record. Jurisdictional issues or lack of jurisdiction by the lower court. Substantial irregularity in the proceedings. Substantial miscarriage of justice.
Under what circumstances can a court issue an order for the attachment of property of a person absconding?
Simplified Explanation Of Section 83 Of CrPC
If the court has reason to believe that the person is absconding to avoid execution of a warrant or that they are about to dispose of their property to prevent its seizure, it may order the attachment of their movable or immovable property.
What is Section 82 of the IPC?
The Indian Penal Code, in Sections 82 and 83, grants exemption from criminal liability when the individual committing the crime is deemed to be incapable of forming the necessary intent due to infancy. Indeed, there is an absolute immunity or incapacity for crime under the age of 7 (Sec. 82).
What is the process of attachment of property?
In summary, attachment of property in execution proceedings is a process used to satisfy a judgment and can be a powerful tool for creditors to enforce a judgment against a judgment debtor. The process starts with the creditor obtaining a writ of execution from the court and then serving the writ on the debtor.