Public Notice Regarding Appearance of Accused Person: Legal Procedure
A public notice details legal procedures for an accused person's appearance.
Photo by Claudio Schwarz
Key Facts
Section: 82 Cr.P.C
Form No: 46 Cr.P.C
Accused: Mst. Naseema Begum
Court: JMIC Srinagar
Appearance Date: 28/01/2026
UPSC Exam Angles
GS Paper II: Polity and Governance - Criminal Justice System
Link to Fundamental Rights (Article 21)
Potential for questions on judicial interpretation of Cr.P.C. provisions
Visual Insights
Procedure under Section 82 Cr.P.C.
This flowchart illustrates the steps involved in the procedure under Section 82 of the Criminal Procedure Code (Cr.P.C.) for proclamation of an absconding person.
- 1.Court believes accused has absconded or is concealing themselves to avoid warrant execution
- 2.Court issues written proclamation (Form No. 46 Cr.P.C.) requiring appearance at a specified place and time (at least 30 days from publication)
- 3.Proclamation is publicly read in a conspicuous place of the town/village
- 4.Proclamation is affixed to a conspicuous part of the house/homestead and courthouse
- 5.Court may order publication in a daily newspaper circulating in the area
- 6.Accused fails to appear
- 7.Accused declared a proclaimed offender under Section 82(4) Cr.P.C.
- 8.Attachment of property under Section 83 Cr.P.C. may be initiated
More Information
Background
The Code of Criminal Procedure (Cr.P.C.) is the primary law governing criminal procedure in India. It was enacted in 1973 and came into force on April 1, 1974, replacing the earlier code of 1898. The Cr.P.C.
provides the mechanism for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence, and the determination of punishment for the guilty. The provisions regarding the appearance of accused persons, including sections like 82 (Proclamation for person absconding) and 83 (Attachment of property of person absconding), are designed to ensure that individuals facing criminal charges are brought before the court. These sections have evolved through judicial interpretations and amendments to balance the rights of the accused with the need for effective law enforcement.
Latest Developments
In recent years, there has been increased scrutiny on the use of proclamation and attachment procedures under Sections 82 and 83 of the Cr.P.C., particularly concerning their impact on the fundamental rights of individuals. Courts have emphasized the need for strict adherence to procedural safeguards to prevent misuse of these provisions. There's also been a growing debate on the proportionality of attaching property, especially in cases where the alleged offense is not of a serious nature.
The judiciary is increasingly focusing on ensuring that these powers are exercised judiciously and not arbitrarily, with a view to protecting the rights of the accused while upholding the rule of law. The Law Commission of India has also periodically reviewed the Cr.P.C. and suggested amendments to streamline procedures and address concerns regarding potential misuse.
Practice Questions (MCQs)
1. With reference to Section 82 of the Code of Criminal Procedure (Cr.P.C.), which of the following statements is/are correct? 1. It deals with the proclamation for a person absconding. 2. The proclamation requires the person to appear at a specified place and time not less than 60 days from the date of publishing it. 3. The proclamation must be publicly read in the town or village where the person ordinarily resides. Select the correct answer using the code given below:
- A.1 and 2 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 2 is incorrect. The proclamation requires the person to appear at a specified place and time not less than 30 days from the date of publishing it. Statements 1 and 3 are correct as per Section 82 of Cr.P.C.
2. Which of the following is NOT a prerequisite for issuing a proclamation under Section 82 of the Cr.P.C. against an accused person?
- A.The court has reason to believe that the person has absconded.
- B.The court has reason to believe that the person is concealing himself/herself to avoid service of the warrant.
- C.A warrant has been issued for the arrest of the person.
- D.The accused person has a history of previous convictions.
Show Answer
Answer: D
A history of previous convictions is not a prerequisite for issuing a proclamation under Section 82 of the Cr.P.C. The other options are valid grounds for issuing such a proclamation.
3. Consider the following statements regarding the attachment of property under Section 83 of the Cr.P.C.: 1. The attachment can be ordered simultaneously with the proclamation under Section 82. 2. The property attached must belong to the accused person. 3. If the proclaimed person appears within the time specified in the proclamation, the attachment order shall be withdrawn. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: D
All three statements are correct. Section 83 allows for attachment simultaneously with proclamation, the property must belong to the accused, and the attachment is withdrawn if the person appears as directed.
Source Articles
City News, Indian City Headlines, Latest City News, Metro City News | The Indian Express
After evading Kerala police for a week, actor Siddique, accused of rape, makes public appearance. Watch | Malayalam News - The Indian Express
Former NCT’s Taeil admits to aggravated rape, requests leniency in first public appearance; disturbing texts with co-accused revealed | Music News - The Indian Express
Legal News in India, Latest Legal News, Supreme & High Court Judgments | The Indian Express
Express News Service | Express News Service News, News from Express News Service Feed, More Express News Service News from Indian Express