Source: Allahabad High Court

Why in News?

• The bench of Justice Subhash Vidyarthi observed that a published proclamation is required under Section 82 of the Code of Criminal Procedure, 1973 (CrPC) to render an accused the status of a proclaimed offender.
• The Allahabad High Court gave this observation in the matter of Khalid Anwar Alias Anwar Khalid v. Central Bureau of Investigation Thru. Branch Hear New Delhi.

Background

• The applicant filed an anticipatory bail application before the HC against a complaint against him regarding the smuggling of contraband goods of foreign origin like gold, cigarettes, and saffron.
• The respondents raised a preliminary objection that a proclamation under Section 82 CrPC has been issued against the applicant and, therefore, in view of the law he cannot be granted an anticipatory bail.
  • A proclamation was issued requiring the applicant to appear before the Court on 2^nd September 2023.
• However, the HC noted that there is nothing on record to indicate that the proclamation has been ‘published’ as provided under Sub-section (1) of Section 82 CrPC.

Court’s Observation

• The HC mainly observed when the proclamation has not even been published as per the law, the occasion for the applicant being “declared” a proclaimed offender under Sub-section (4) of Section 82 CrPC has not yet arisen.
  • Hence, allowed the anticipatory bail application filed under Section 438 of CrPC.

Mandate of Section 82 of CrPC

• 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.