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Sub-section (4) of Section 82 Cr.P.C., if read, independent of the other sub-sections of Section 82 Cr.P.C. and provision of Section 174-A IPC and Section 174 IPC, is capable of being misconstrued to mean that it is only that accused person, facing trial, only for offences mentioned in Section 82 (4), who can be declared "proclaimed offender" after publication under Section 82 (1) (2) and (3) Cr.P.C. giving immunity to the other absconders from being declared "proclaimed offenders". In that imaginary situation, it appears to be a relaxation clause. But if sub-sections (4) and (5) of Section 82 Cr.P.C. are read alongwith sub-sections (1) and (2) of Section 82 Cr.P.C. and Scheme of other provisions of Cr.P.C. and Sections 174 and 174 A IPC, following the Rule of "Contextual construction", and "Harmonious Construction", it would avoid the risk of making interrelated provisions becoming otiose or devoid of meaning. The intention of legislation to make stringent penal provisions of Section 174 A IPC for securing the presence of an absconder by providing 7 years imprisonment for avoiding summons, warrants or proclamation, under Section 82 (1) Cr.P.C. can not be ignored while construing Section 82 (4) Cr.P.C. One can not negate the effect of Section 174-A IPC and render it redundant by misconstruing the Section 82 (4) Cr.P.C. to mean that it is meant to provide relaxation to offenders of offences not covered under Section 82 (4) Cr.P.C.

CRM M-359 of 2012 [29] HARMONIOUS CONSTRUCTION OF SECTION 82 (4) Cr.P.C. WITH SECTION 174-A(I) IPC and 174-A (II) IPC:

When a question arises as to the meaning of a certain provision in a statute, it is not only legitimate but proper to read that provision in context to the following:-

                   i)        the statue as a whole;

                   ii)       the previous State of the law;

                   iii)      other statues in perimateria;

                   iv)       the general scope of the statue; and

                   v)        the mischief that it was intended to remedy.

(3) It has to be borne in mind by all the courts all the time that when there are two conflicting provisions in an Act, which cannot be reconciled with each other, they should be so interpreted that, if possible, effect should be given to both. This is the essence of the rule of "harmonious construction".

(4) The courts have also to keep in mind that an interpretation which reduces one of the provisions as a "dead letter" or "useless lumber" is not harmonious construction.

Whether said interpretation is legal and valid deserves to be answered in negative in view of the harmonious construction of Section 82 (4) Cr.P.C. as discussed hereinabove.

"Offender' is a person who is alleged to have committed offence as per definition of "offence" in Section 2 (n) of Cr.P.C. i.e. committed any act or omission made punishable by any law for the time being in force .

"Proclaimed Offender" would be any offender who has suffered declaration after proclamation under Section 82 (1) or Section 82 (4) Cr.P.C. according to Section 82 (2), (3) and Section 82 (5) Cr.P.C.