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
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