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4 Feb 2026·Source: The Indian Express
3 min
Polity & GovernanceNEWS

Proclamation Regarding Appearance of Accused Person

Legal notice for accused person's court appearance.

Proclamation Regarding Appearance of Accused Person

Photo by Brett Jordan

This is a legal proclamation requiring the appearance of an accused person in court. It includes details such as the accused's name, address, the case number, the relevant section of the law (Section 82 Cr.P.C), and the date and time of the required appearance. The proclamation warns that failure to appear may result in the accused being declared a proclaimed offender.

UPSC Exam Angles

1.

GS Paper II: Polity and Governance - Criminal Justice System

2.

Connects to syllabus topics like Criminal Procedure, Police Reforms, and Judicial Processes

3.

Potential question types: Statement-based, Analytical

Visual Insights

Process of Proclamation under Section 82 Cr.P.C

This flowchart illustrates the steps involved in issuing a proclamation under Section 82 of the Criminal Procedure Code (Cr.P.C).

  1. 1.Court believes accused has absconded or is concealing themselves
  2. 2.Court issues written proclamation requiring appearance at specified place and time (usually within 30 days)
  3. 3.Proclamation is publicly read in a conspicuous place in the town or village where the accused resides
  4. 4.Proclamation is affixed to a conspicuous part of the house or homestead where the accused resides or to some conspicuous place of such town or village
  5. 5.Copy of proclamation is affixed to a conspicuous part of the courthouse
  6. 6.Court may order publication of the proclamation in a daily newspaper circulating in the place where the accused ordinarily resides
  7. 7.Accused fails to appear
  8. 8.Accused declared a proclaimed offender under Section 82(4) Cr.P.C
More Information

Background

The issuance of a proclamation requiring the appearance of an accused person falls under the purview of criminal procedure, governed primarily by the Code of Criminal Procedure (Cr.P.C.). This code, enacted in 1973, consolidates and amends the laws relating to criminal procedure. It provides a comprehensive framework for the investigation, inquiry, trial, and other procedures related to criminal offenses. Section 82 of the Cr.P.C., as mentioned in the news, deals specifically with the proclamation for persons absconding. This section is invoked when a court has reason to believe that a person against whom a warrant has been issued has absconded or is concealing themselves to avoid the execution of the warrant. The process involves publishing a written proclamation requiring the person to appear at a specified place and time. The Cr.P.C. also outlines the consequences of non-compliance with such a proclamation. Failure to appear as directed can lead to the person being declared a proclaimed offender, which carries further legal ramifications. The concept of a proclaimed offender is significant as it allows law enforcement agencies to take additional measures to secure the person's appearance before the court. This includes attachment of property and other coercive actions.

Latest Developments

Recent amendments to the Cr.P.C., though not directly related to Section 82, have focused on enhancing the efficiency and effectiveness of criminal investigations and trials. These include provisions for the use of technology in evidence collection and recording of statements. The ongoing debate around police reforms also touches upon the need for greater accountability and transparency in the execution of warrants and proclamations. The use of technology in serving proclamations is also an area of focus. While traditional methods involve physical publication and announcement, digital platforms are increasingly being explored to ensure wider reach and faster dissemination of information. This aligns with the broader trend of leveraging technology for improved governance and law enforcement. The e-courts project is a key initiative in this direction. Looking ahead, there is a growing emphasis on victim-centric approaches in criminal justice. This includes ensuring that victims are informed about the progress of the case, including the issuance of proclamations and the apprehension of accused persons. The focus is on making the criminal justice system more responsive to the needs and concerns of victims, while also upholding the principles of fair trial and due process.

Frequently Asked Questions

1. What is the purpose of a proclamation regarding the appearance of an accused person?

The proclamation is a legal notice requiring an accused person to appear in court. It warns that failure to appear may result in the accused being declared a proclaimed offender.

2. What are the key details included in the proclamation?

The proclamation includes the accused's name, address, case number, the relevant section of the law (Section 82 Cr.P.C), and the date and time of the required appearance.

3. Under which law is this proclamation issued?

The proclamation is issued under Section 82 of the Code of Criminal Procedure (Cr.P.C.).

4. What is the potential consequence if the accused fails to appear after the proclamation?

Failure to appear may result in the accused being declared a proclaimed offender.

5. How does the issuance of this proclamation impact the common citizen?

It ensures that the legal process is followed to bring accused individuals to justice, which helps maintain law and order in society.

6. Why is this topic relevant to Polity and Governance for UPSC aspirants?

It is related to the criminal procedure and the powers of the court, which are important aspects of the Indian Polity and Governance syllabus.

7. What is the Code of Criminal Procedure (Cr.P.C.)?

The Code of Criminal Procedure (Cr.P.C.) is a law enacted in 1973 that consolidates and amends the laws relating to criminal procedure. It provides a framework for investigation, inquiry, trial, and other procedures related to crime.

8. What are some recent developments related to Cr.P.C. that UPSC aspirants should be aware of?

Recent amendments to the Cr.P.C. have focused on enhancing the efficiency and effectiveness of criminal investigations and trials, including provisions for the use of technology in evidence collection.

9. What is a 'proclaimed offender'?

A proclaimed offender is a person who has been declared by a court to be evading arrest and is required to appear before the court. Failure to appear after the proclamation leads to this declaration.

10. In your opinion, what reforms are needed to make the proclamation process more effective?

Increased use of technology for serving proclamations and tracking accused individuals, along with greater coordination between different law enforcement agencies, could improve the effectiveness of the process.

Practice Questions (MCQs)

1. Under which section of the Code of Criminal Procedure (Cr.P.C.) can a court issue a proclamation requiring the appearance of an accused person?

  • A.Section 41
  • B.Section 82
  • C.Section 144
  • D.Section 200
Show Answer

Answer: B

Section 82 of the Code of Criminal Procedure (Cr.P.C.) specifically deals with the proclamation for persons absconding. This section allows a court to issue a proclamation requiring the appearance of an accused person if it believes that the person has absconded or is concealing themselves to avoid a warrant. The other sections listed pertain to different aspects of criminal procedure: Section 41 deals with arrest without a warrant, Section 144 with power to issue order in urgent cases of nuisance or apprehended danger, and Section 200 with examination of complainant.

2. Consider the following statements regarding the consequences of non-appearance after a proclamation under Section 82 of Cr.P.C.: 1. The person may be declared a 'proclaimed offender'. 2. The person's property can be attached by the court. 3. The person will be immediately arrested by the police. Which of the statements given above is/are correct?

  • A.1 only
  • B.1 and 2 only
  • C.2 and 3 only
  • D.1, 2 and 3
Show Answer

Answer: B

Statements 1 and 2 are correct. Failure to appear after a proclamation under Section 82 Cr.P.C. can lead to the person being declared a 'proclaimed offender' and the attachment of their property by the court. Statement 3 is incorrect because immediate arrest is not the direct consequence. While the person may eventually be arrested, the initial steps involve declaring them a proclaimed offender and potentially attaching their property.

3. Which of the following is NOT a purpose of issuing a proclamation under Section 82 of the Cr.P.C.?

  • A.To compel the appearance of an accused person before the court.
  • B.To inform the public about the accused person's alleged crime.
  • C.To initiate proceedings for attachment of the accused person's property.
  • D.To declare the accused person a proclaimed offender if they fail to appear.
Show Answer

Answer: B

The primary purpose of issuing a proclamation under Section 82 of the Cr.P.C. is to compel the appearance of an accused person before the court, to initiate proceedings for attachment of property, and to declare the accused a proclaimed offender if they fail to appear. While the proclamation does become public, its main purpose is not to inform the public about the alleged crime, but rather to secure the accused's presence in court.

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