PROCLAMATION FOR PERSON ABSCONDING

PROCLAMATION FOR PERSON ABSCONDING

• Ä  What conditions is precedent for proclamation? What penalties in law can be imposed upon absconder?
• Ä  What is the legal procedure to be adopted for the surrender of an absconder? Can his property be attached? If so, what?
• Ä  How and in what manner an absconder is declared a proclaimed offender? Quote the law.
• Ä  How and under what circumstances orders for proclamation and attachment of the property of person absconding are issued?

INTRODUCTION

RELEVANT PROVISIONS

Following are the relevant provisions of the concerned topic;

Sections 87, 88, 89 of CrPC 

MEANING OF ABSCONDER

Absconder is a person who intentionally avoids or conceals himself for the purpose of avoiding the execution of the warrant.

PROCLAMATION FOR PERSON ABSCONDING U/SEC 87

I-                    CONDITIONS FOR PROCLAMATION

Before issuing proclamation, following conditions must be satisfied;

i)                    Issuance Of Warrant

ii)                  Abscondance Of Person

iii)                Satisfaction Of Court

II-                  CONTENTS OF PUBLICATION

i-                    Name and Address of Absconder

ii-                  Offence in which he is required

iii-                Statement requiring that he must appear before the court

iv-                Specification of date not less than 30 days from the date of its publication for the appearance of the absconder.

III-                MANNER OF PROCLAMATION

The proclamation shall be published in the following manner;

I-                    Publicly read

II-                  Affixation at some conspicuous part of home of accused

III-                Affixation of copy at the court

IV-               WRITTEN STATEMENT BY COURT U/SEC 87(3)

ATTACHMENT OF PROPERTY OF PERSON ABSCONDING U/SEC 88

I-                    TIME FOR ATTACHMENT

II-                  JURISDICTION TO ORDER ATTACHMENT

Property Out Side Jurisdiction

III-                PROPERTY WHICH CAN BE ATTACHED

IV-               MODE OF MAKING ATTACHMENT

V-                 SALE OF PROPERTY

VI-               CLAIM OR OBJECTION

PROCEDURE WHEN ABSCONDER APPEARS BEFORE COURT

WHEN ABSCONDER DOES NOT APPEAR BEFORE THE COURT

RESTORATION OF ATTACHED PROPERTY U/SEC 89

I-                    APPEARANCE OF PERSON IN COURT

 

II-                  SATISFACTION OF COURT

III-                WHERE PROPERTY HAS BEEN SOLD

CONCLUSION