What is the new section 82 of CrPC?
Asked by: Dr. Leland Labadie DDS | Last update: June 23, 2026Score: 5/5 (41 votes)
Section 82 of the Criminal Procedure Code (CrPC), 1973—and its corresponding replacement, Section 84 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)—empowers courts to issue a written proclamation requiring a person to appear if they are hiding or have absconded to evade a warrant.
What is the new section 82 CrPC?
Legal Significance Section 82 CrPC acts as a critical procedural safeguard to ensure that an accused cannot frustrate the criminal justice process by absconding. Once invoked, non- compliance escalates the matter, converting procedural default into an independent criminal liability.
What are the key provisions of Section 82 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 ...
What is Section 82 of the CrPC?
Section 82 of the Code of Criminal Procedure, 1973 (CrPC) empowers a court to issue a written proclamation against an accused who has absconded or is concealing himself to avoid the execution of a warrant.
What is the difference between section 82 and 83?
Section 82 deals with an act of unsound mind below 7 years of age and section 83 deals with an act done by a child above 7 years of age and below 12 years.
"Understanding Section 82 CrPC: Proclamation for Absconding Persons Explained" *Description*
What is Article 82 in simple words?
It provided for the Parliament to readjust, after completion of each census, seats allocated to the House of the People to the States and division of each State into territorial constituencies.
Is extortion a non-bailable offence?
The offence under this section is cognizable, non-bailable and non-compoundable and is triable by a first-class magistrate. The punishment for the crime is simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to a fine.
What is section 82 and 83?
Under Section 82 of the CRPC, a court can publish a proclamation requiring the accused to appear if the warrant issued against him cannot be executed. According to Section 83 of the CRPC, after issuing such a proclamation, the court may order the attachment of the proclaimed offender's properties.
Can a discharge application be filed after framing of charges?
...examination-in-chief should be expunged and as there is no evidence in the case the accused is acquitted.” There is no provision for discharge of an accused after charge had been framed.
What is the Section 82 process?
A Section 82 application serves to ensure that the hearing process remains balanced, with all relevant witness evidence available to both parties. The Magistrate has discretionary power to reject applications that do not demonstrate substantial reasons.
What is s 82 summary proceedings by persons aggrieved by statutory nuisances?
82Summary proceedings by persons aggrieved by statutory nuisances. (1)A magistrates' court may act under this section on a complaint made by any person on the ground that he is aggrieved by the existence of a statutory nuisance.
Can a property be attached under Section 82?
Property of an accused can be attached after proclamation when the court is satisfied that the accused has absconded and failed to appear. This attachment is governed by Sections 82 to 85 of the Criminal Procedure Code and serves as a coercive measure to compel the accused to submit to the jurisdiction of the court.
What is Section 82 of the Crimes Act?
Obtain Financial Advantage By Deception is a Victorian fraud offence under section 82 of the Crimes Act 1958. It targets dishonest conduct where a person uses deception to secure a financial benefit or avoid a liability, and the deception is the reason the advantage is gained.
Is Section 82 CrPC bailable or non-bailable?
While the declaration under Section 82 CrPC or Section 84 BNSS does not bar the court from hearing an anticipatory bail application, such relief is typically denied unless exceptional circumstances are shown.
What is the 82nd Amendment?
The 82nd Constitutional Amendment Act of 2000 in India amended Article 335 to allow for relaxation in qualifying marks and evaluation standards for promotions in government services for Scheduled Castes (SC) and Scheduled Tribes (ST). It aimed to balance efficiency of administration with the need for fair representation.
Which is the landmark judgement mentioned by the Supreme Court?
In early 2024, the Supreme Court of India delivered a landmark judgment quashing the Gujarat government's release of 11 convicts in the Bilkis Bano case, highlighting that the Gujarat government acted "in tandem" with the convicts and lacked jurisdiction for remission.
What are the two types of discharges?
A discharge is a type of conviction where a court finds you guilty but does not give you a sentence because the offence is very minor. The conviction could be: an absolute discharge. a conditional discharge, where you could still get a sentence if you break the conditions.
At what stage is a discharge application filed?
Stage when discharge applications can be filed :
But in cases instituted on complaint, discharge application can be filed after recording of evidence under section 244 CrPC or section 267 BNSS and before framing charges, as under private complaint cases charges are framed after recording of evidence.
Which is worse, dishonorable discharge or felony?
A dishonorable discharge is generally considered equivalent to or worse than a civilian felony conviction. It is the most severe punitive discharge, resulting from a general court-martial for heinous offenses, leading to the loss of all veteran benefits, firearm rights, and severe, lifelong employment stigma.
Can a married woman marry another man without divorce in India?
Under Hindu Marriage Law, you cannot marry another person while your spouse is still alive unless you have legally divorced them. If you are a divorcée, you can remarry only after the divorce is fully finalized.
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 the process of attachment of property?
The process starts with the creditor obtaining a writ of execution from the court and then serving the writ on the debtor. The creditor then has the authority to seize the debtor's assets and must take care to ensure that the assets that are seized are not exempt from seizure.
What are the three types of extortion?
Different types of extortion
- Threats. The foundation of extortion is making threats, such as: ...
- Blackmail. Blackmail is probably the most well-known type. ...
- Cyber extortion. A more recent form of extortion uses computers to reach targets. ...
- Criminal demographics.
What are the 4 types of culpability?
The four types of culpability, defined by the Model Penal Code (MPC) and recognized in most US jurisdictions to determine mental state (mens rea), are purposely, knowingly, recklessly, and negligently. These categorize a defendant's level of fault from highest intent to lowest awareness.
Who investigates extortion cases?
Extortion cases are primarily investigated by the Federal Bureau of Investigation (FBI) at the federal level, particularly when they involve interstate commerce, public officials, or organized crime. Other agencies involved include the U.S. Postal Inspection Service (threats sent by mail) and local law enforcement for state-level cases.