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96. The Court may order any other process or method to ensure compliance of the provisions depending upon the nature of the case and background of the accused.

97. Since non-appearance of accused in response to the proclamation under Section 82 CrPC has been made a substantive offence, the provisions of Section 174A IPC are required to be invoked against absconding accused. When the accused fails to appear before the court in response to the proclamation issued under Section 82(1) CrPC, within the period of 30 days from the date of proclamation, or fails to appear at the specified place and time required by the proclamation issued under Section 82(4) CrPC, he is punishable with imprisonment for a term which may extend to three years or with fine or with both and imprisonment for a term which may extend to seven years or with fine or both, respectively. Submissions of Mr. Surinder.S.Rathi, OSD-cum-Registrar of Delhi High Court When a person declared as an absconder or proclaimed offender (PO)

103. Section 82(2) CrPC, the proclamation must be read in some conspicuous place of the town or village in which the person resides. It should also be affixed to some conspicuous part of the house in which the person resides or to some conspicuous place of the town or village. A copy of the same must also be affixed to some conspicuous part of the Court house. The Court may also direct a copy of the proclamation to be published in a daily newspaper circulating in the place is which such person ordinarily resides. The terms of Section 82 CrPC are mandatory and a proclamation cannot be issued without first issuing a warrant of arrest.

174. The term „abscond‟ is not to be understood as implying necessarily that a person leaves the place in which he is. It is etymological and its ordinary sense is to hide oneself. Further under Section 82 CrPC, the Court issuing proclamation must record its satisfaction that accused had „absconded‟ or „concealed himself‟.

175. The three clauses (a), (b) and (c) of Section 82(2)(i) CrPC are conjunctive and not disjunctive. The issue of valid publication depends on the satisfaction of each of these clauses. Clause (ii) of sub-section (2) is optional; it is not an alternative to clause (i). The latter clause is mandatory.

258. The procedure for declaration of a „proclaimed person‟ and a „proclaimed offender‟ as stipulated in the Code of Criminal Procedure, comprises of various steps.

Publication of Proclamation under Section 82(1) CrPC

259. A proclamation may only be published directing that the „proclaimed person' appear at a specified time and place not less than 30 days from the date of publication, once the Court is satisfied that: a warrant of arrest has already been issued and all possible attempts to execute the warrant have been made and subsequent to a warrant having been issued the person is absconding or concealing himself in a manner to avoid execution of the warrant. Enquiry to ensure that warrant of arrest has been issued and all efforts to execute the same have been made by the Police Officer