Chapter VI of the Code of Criminal Procedure provides for
„processes to compel appearance.‟ Chapter VI of the Code is
divided into four parts:
Part ... proclamation; the proclamation may be published in the local
newspapers; the court before issuing a proclamation may be issued
notice to the RWA; the proclamation
provisions of Section 82 (4) and (5) Cr.P.C . were
introduced by the Code of Criminal Procedure (Amendment ... present case, to refer to the scheme of Criminal
Procedure Code and few provisions of IPC . The provisions existing prior to
the amendment are also
174A of the Indian
Penal Code. Section 174A of the Indian Penal Code, which was
inserted in the said Code by section ... time as required by a proclamation published under subsection (1) of
section 82 of the Code of Criminal Procedure, 1973 shall be punished with
time as required by a proclamation published under sub-section (1) of
Section 82 of the Code of Criminal Procedure, 1973 shall be punished with ... liable to fine.
The crux of Section 174A IPC is that proclamation u/s
82 Cr.P.C. has to be executed in terms
procedure
contained in Section 82 Cr.P.C. The expression "proclaimed
offender" has no where been defined in Code of Criminal
Procedure ... time as required by a proclamation
published under subsection (1) of section 82 of the
Code of Criminal Procedure, 1973 shall be
punished with
with the basics of Code of Criminal Procedure , as it is apparent from record that process under Sections 82 / 83 Cr.P.C. was never ... receiver appointed under the Code of Civil Procedure , 1908 (5 of 1908).
16. The Code of Criminal Procedure has provided ample powers to execute
offence under Section 174A IPC on the ground
that despite publication of proclamation under Section 82 Cr.P.C.
the accused has not appeared ... offence under Section 174A IPC is non-appearance of the
accused-petitioner in response to the proclamation under Section
82
proclamation may be ignored or in other words that an illegal proclamation may be considered to be legal by applying Section 537, Criminal Procedure Code ... matter to a Division Bench.
13. Section 87 , Criminal Procedure Code, provides for proclamations against, persons who arc absconders and the relevant portions of this
reproduce Section
82 Cr.P.C. hereunder:-
" Section 82 in The Code Of Criminal Procedure,
1973
82. Proclamation for person absconding ... which such proclamation must be published.
22. By way of Code of Criminal Procedure (Amendment) Act, 2005,
Sections 82(4) and 82(5) were inserted
successively, for a warrant of arrest, a proclamation under Section 82 of the Code of Criminal Procedure, 1973 (2 of 1974) and an order ... person for whose appearance a proclamation has been issued under Section 82 of the Code of Criminal Procedure, 1973 (2 of 1974) is an absconded
