Source: Jharkhand High Court

Why in News?

Recently, the Jharkhand High Court in the matter of Sanjay Pandey v. The State of Jharkhand has held that before issuing a proclamation under Section 82 of the Criminal Procedure Code, 1973 (CrPC) the Court must adequately record satisfaction regarding the accused's absconding status.

What was the Background of Sanjay Pandey v. The State of Jharkhand Case?

• The brief fact of the case is that on 05^th March 2024 the Investigating Officer of the case filed an application in the court of learned Special Judge POCSO Act Cases, with a prayer for issue of the proclamation under Section 82 of CrPC and upon such prayer being made, the learned Special Judge, POCSO Act Cases issued the proclamation under Section 82 of CrPC.
• Thereafter, a criminal miscellaneous petition has been filed before the High Court of Jharkhand with a prayer to quash the aforesaid order.
• It was submitted by the learned counsel for the petitioner that proclamation under Section 82 of CrPC has been issued vide order dated 05^th March 2024 without fixing any time or place for the appearance of the petitioner who is the accused of the case which is contrary to the settled principle of law.
• Allowing the petition, the High Court set aside the order dated 05^th March 2024.

What were the Court’s Observations?

• Justice Anil Kumar Choudhary observed, that the learned Special Judge, POCSO Act Cases, has not categorically recorded its satisfaction that the petitioner is absconding or concealing himself to evade his arrest but has only mentioned that it is likely that the petitioner may evade the process of law and has not fixed any time or place for appearance of the petitioner who is the accused person of this case, this Court has no hesitation in holding that the learned Special Judge, POCSO Act Cases, has committed gross illegality by issuing the said proclamation under Section 82 of CrPC without complying the mandatory requirements of law.
• It was further stated in case the court decides to issue proclamation under Section 82 of CrPC it must mention the time and place for appearance of the accused persons of the case, in respect of whom the proclamation is issued, in the order itself, by which the proclamation under Section 82 of CrPC is issued.

What is Section 82 of CrPC?

About:

• This Section deals with the proclamation for a person absconding.

Mandate of Section 82:

• Section 82 of CrPC serves as a powerful tool in the hands of the judiciary and law enforcement agencies to ensure that individuals accused of crimes do not evade justice.
• Any Court may publish a written proclamation if it has reason to believe that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such a warrant cannot be executed.
  • Through the proclamation the Court will require the person to appear at a specified place and at a specified time.
• The specified time to appear before the Court shall not be less than 30 days from the date of publishing such proclamation.
  • During this time, the accused has an opportunity to surrender to the authorities or the court.

Manner of Publishing Proclamation:

• The proclamation under Sub-section 2 of Section 82, CrPC shall be published in the following manner:
  • It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
  • It shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
  • A copy thereof shall be affixed to some conspicuous part of the Court house;
    • The Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
  • A statement in writing by the Court issuing the proclamation shall be conclusive evidence that the requirements of Section 82 have been complied with, and that the proclamation was published on such a day.
  • Sub-section (4) of the Section 82 states the situation when the proclamation is published under Sub-section (1) is in respect of a person accused of an offence punishable under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code, 1860 (IPC).
    • If such a person fails to appear at the specified place and time required by the proclamation, the Court may, after making such an inquiry as it thinks fit, pronounce him as a proclaimed offender and make a declaration to that effect.