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Credit : Proclamation notice ( The Indian Express Dt: 05-09-2025)

Only for educational purpose

Proclamation notice issued under Section 82 of the Code of Criminal Procedure, 1973 (CrPC). It is a formal order by the Court, declaring that the accused in FIR No. …, under Sections 356/379/34 IPC, Police Station …, Delhi, has absconded or is concealing himself to avoid arrest.

The proclamation records that:

· A warrant of arrest was earlier issued against the accused.

· The warrant could not be executed because the accused could not be found.

· The Court, being satisfied that the accused is deliberately avoiding arrest, has ordered publication of this proclamation.

Through this notice, the Court publicly directs the accused to appear before it on or before the specified date (not less than 30 days from publication), failing which further legal consequences — such as being declared an absconder, attachment of property under Section 83 CrPC, and denial of bail — may follow.

Proclamation & Attachment – Quick Flow Chart

82. Proclamation →
Accused absconds after warrant → Court issues public notice → must appear in 30+ days.

83. Attachment →
If he doesn’t appear → Court can attach his movable/immovable property (seize, appoint receiver, prohibitory order).

84. Claims/Objections →
Third parties can object within 6 months → Court inquires → if disallowed, they can file civil suit within 1 year.

85. Release/Sale/Restoration →

If accused appears in time → property released.
If not → property goes to State → sold after 6 months (unless perishable).
If he appears within 2 years and proves no deliberate absconding/no notice → property or sale proceeds restored (after deducting costs).

86. Appeal →
If restoration refused → appeal lies to Sessions/High Court.

In notice: Accused in 356/379/34 IPC has been proclaimed under 82 CrPC. If he doesn’t show up, next steps are 83 (attachment) → 84 (claims) → 85 (sale/restoration) → 86 (appeal).

C.–Proclamation and attachment

82. Proclamation for person absconding.

83. Attachment of property of person absconding.

84. Claims and objections to attachment.

85. Release, sale and restoration of attached property.

86. Appeal from order rejecting application for restoration of attached property

C.–Proclamation and attachment

82. Proclamation for person absconding.—

(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:—

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) 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;

(ii) 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.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.

(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 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 (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.

(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under

sub-section (4) as they apply to the proclamation published under sub-section (1).]

302: Punishment for murder.

304:Punishment for culpable homicide not amounting to murder.

364:Kidnapping or abducting in order to murder.

367:Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.

382: Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.

392: Punishment for robbery.

393: Attempt to commit robbery.

394: Voluntarily causing hurt in committing robbery.

395: Punishment for dacoity.

396: Dacoity with murder.

397: Robbery, or dacoity, with attempt to cause death or grievous hurt.

398:Attempt to commit robbery or dacoity when armed with deadly weapon.

399:Making preparation to commit dacoity.

400:Punishment for belonging to gang of dacoits.

402:Assembling for purpose of committing dacoity.

436:Mischief by fire or explosive substance with intent to destroy house, etc.

449:House-trespass in order to commit offence punishable with death.

459: Grievous hurt caused whilst committing lurking house-trespass or house-breaking.

460:All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them.

Section 82 CrPC — Proclamation for Person Absconding

(1) Preconditions

· A warrant of arrest must already have been issued by the Court.

· The Court must believe (based on evidence or otherwise) that the person:

o has absconded, or

o is concealing himself so that the warrant cannot be executed.

Only then can the Court issue a proclamation

requiring the accused to appear.

(2) Publication Requirements

The proclamation must be published in all these ways:

1. Public reading in a conspicuous place of the town/village where the accused ordinarily resides.

2. Affixing notice to:

o a conspicuous part of the accused’s house, OR

o another conspicuous place in that town/village.

3. Affixing copy in Court-house.

4. Optional: Court may also order publication in a local daily newspaper.

Safeguard → Minimum 30 days’ notice from the date of publication must be given for the accused to appear.

(3) Conclusive Evidence

· Once the Court issues a written statement that publication was done as required, it is treated as conclusive evidence that the procedure was followed.

· In other words → the accused cannot easily challenge the mode of publication later, unless there is a blatant defect.

(4) Declaring “Proclaimed Offender”

· If the proclamation is against a person accused of serious offences (e.g., 302, 304, 364, 367,382, 392–400,402, 436, 449, 459, 460 IPC etc.)

· and he fails to appear → the Court may declare him a proclaimed offender.

Note: Sections 356 and 379 IPC (your notice) are not in this list.
So in this case, the accused can be declared an

absconder,but not a proclaimed offender under sub-section (4).

(5) Same Publication Rules Apply

· The same rules of publication in sub-sections (2) & (3) also apply when declaring someone a proclaimed offender.

Quick Practical Points

· 82(1) → “Absconding accused, warrant issued, can’t execute → Proclamation issued.”

· 82(2) → Public reading, affixing at house & court, optional newspaper.

· 82(3) → Court’s statement = conclusive proof of publication.

· 82(4) → Only for serious offences (like murder, dacoity, robbery, house-breaking). Theft under 379 IPC is not included here.

· 82(5) → Same rules apply for proclaimed offender declaration.

Section 82 CrPC: Absconder vs Proclaimed Offender

Point	Absconder (82(1))	Proclaimed Offender (82(4))
When applicable	When accused absconds or conceals after a warrant of arrest is issued.	Only if the accused is charged with serious IPC offenceslisted in 82(4) (302, 304, 364, 367, 382, 392–402, 436, 449, 459, 460).
Nature of declaration	Declared an absconder (failure to appear).	Declared a proclaimed offender (higher stigma + legal consequences).
Offences covered	Any offence for which warrant is issued.	Only grave offences (murder, kidnapping, dacoity, robbery, house-breaking, etc.).
Procedure of publication	- Publicly read in village/town. - Affixed on accused’s house & in village. - Affixed in Court-house. - Optional: local newspaper. - Minimum 30 days’ notice.	Same as absconder (82(2) & 82(3) apply).
Proof of compliance	Court’s written statement that proclamation was published = conclusive evidence.	Same rule applies.
Legal effect	Accused treated as absconding; Court can proceed to attach his property under Section 83 CrPC.	Accused treated as a proclaimed offender; stronger grounds for attachment, denial of anticipatory bail, harsher perception in trial.
Punishment	No direct punishment under 82, but attachment under 83 CrPC possible.	Being a “proclaimed offender” itself can invite harsher judicial treatment and can be used in future cases for denial of bail/leniency.
Example	FIR under 356/379 IPC (theft & assault) → accused can be declared absconder but not a proclaimed offender.	FIR under 392 IPC (robbery) or 302 IPC (murder) → if accused absconds, he can be declared a proclaimed offender.

Application to Your Case (356/379/34 IPC):

· Accused can only be declared an absconder, not a “proclaimed offender,” since theft (379) and assault (356) are not listed under 82(4).

· Next step: Court can order attachment of property under Section 83 CrPC if the accused doesn’t appear.

83. Attachment of property of person absconding.—

(1) The Court issuing a proclamation under

section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or

otherwise, that the person in relation to whom the proclamation is to be issued,—

(a) is about to dispose of the whole or any part of his property, or

(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court,

it may order the attachment simultaneously with the issue of the proclamation.

(2) Such order shall authorise the attachment of any property belonging to such person within the

district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, the attachment under

this section shall be made—

(a) by seizure; or

(b) by the appointment of a receiver; or

any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases—

(a) by taking possession; or

(b) by the appointment of a receiver; or

proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court

may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.

(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as

those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).

Section 83 CrPC — Attachment of Property of Person Absconding

🔑 Core Idea

· Once a proclamation (82) is issued, the Court may attach property of the absconding person.

· Purpose = pressure tactic to compel appearance + prevent accused from hiding/disposing property.

(1) When can Court order attachment?

· Any time after issuing proclamation (discretionary).

· OR Simultaneously with proclamation if Court is satisfied that the person is:

o (a) About to dispose of his property, OR

o (b) About to remove property outside Court’s jurisdiction.

Safeguard → Court must record reasons in writing.

(2) Scope of Attachment

· Order authorises attachment of property within the district.

· If property lies outside the district → endorsement needed from District Magistrate of that district.

(3) Modes of Attachment (Movable Property)

· (a) Seizure (physical taking over).

· (b) Appointment of receiver (custodian of property).

· (c) Prohibitory order (no delivery of property to accused or on his behalf).

· (d) Combination of the above.

(4) Modes of Attachment (Immovable Property)

· Land paying revenue to Government → attachment via the Collector of the district.

· Other immovable property →

o (a) Taking possession,

o (b) Appointment of receiver,

o (c) Prohibitory order (no rent/payment/delivery to accused),

o (d) Combination of methods.

(5) Perishable or Livestock Property

· Court may order immediate sale.

· Sale proceeds kept with Court until final decision.

(6) Receiver’s Powers

· Receiver under this section = same powers, duties, liabilities as under CPC, 1908.

· Receiver acts as Court’s manager of property.

Practical Summary (for Court/Advocacy)

· Section 82 = Absconder notice → public proclamation.

· Section 83 = Money pressure → attach/sell property to force appearance.

· Key strategy for prosecution: Use threat of property loss to compel surrender.

· Key defence handle: Attack procedural lapses (lack of reasons, improper proclamation under 82, improper service/publication, property not belonging to accused).

Quick Example

· FIR under 379 IPC (theft). Warrant issued → accused absconds.

· Court issues 82 proclamation.

· Evidence shows accused is about to sell his house.

· Court immediately orders 83 attachment → Collector attaches house, receiver appointed for shop.

Accused now has 2 choices:

1. Appear before Court and contest, OR

2. Risk losing control over his property.

In short: Section 82 hits reputation, Section 83 hits pocket.

84. Claims and objections to attachment.—

(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such

attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 83, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the period allowed by this sub-section

may, in the event of the death of the claimant or objector, be continued by his legal representative.

(2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the

order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 83, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made.

(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made:

Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it

over for disposal to any Magistrate subordinate to him.

(4) Any person whose claim or objection has been disallowed in whole or in part by an order under

sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.

Section 84 CrPC — Claims and Objections to Attachment

Not all property in the absconder’s name is truly his, or liable for attachment. Section 84 ensures third parties (like wife, children, tenants, co-owners, creditors) can object or claim.

(1) Who can claim/ object?

· Any person other than the proclaimed person (the absconder).

· Must show:

o They have a valid interest in the property.

o That interest is not liable for attachment under Section 83.

· Example: Wife claims that her stridhan jewellery attached under husband’s name actually belongs to her.

Time limit: Claim/objection must be made within 6 months from attachment date.

· If claimant/objector dies → legal representative can continue.

(2) Where to file claim?

· Court which issued attachment (normally the issuing Magistrate).

· If attachment order was endorsed under Section 83(2) (property in another district) → claim lies in CJM of that district.

(3) Who inquiries into the claim?

· The Court where claim/objection is filed.

· If filed before CJM → CJM may transfer it to a subordinate Magistrate for disposal.

(4) What if claim/objection is disallowed?

· The objector has 1 year to file a civil suit to establish their right in the disputed property.

· Till such a civil suit is decided, the Magistrate’s order is conclusive.

Practical Flow

1. Court attaches absconder’s house (u/s 83).

2. Brother claims he is co-owner → files objection under Section 84.

3. Magistrate holds inquiry: hears evidence, checks documents.

o If satisfied → may release part or full property from attachment.

o If not satisfied → objection dismissed.

4. Brother can file civil suit within 1 year to prove ownership.

Advocate’s Tips

· Prosecution: Ensure objections are frivolous → prevent accused’s relatives from shielding property.

· Defence/Third Party: File Section 84 objection + simultaneously prepare a civil suit if Magistrate disallows. Stress independent ownership documents (sale deed, gift deed, receipts).

So, Section 83 hits the property, and Section 84 protects genuine third parties from wrongful loss.

85. Release, sale and restoration of attached property.—

(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

(2) If the proclaimed person does not appear within the time specified in the proclamation, the

property under the attachment shall be at the disposal of the State Government; but it shall not be sold

until the expiration of six months from the date of the attachment and until any claim preferred or

objection made under section 84 has been disposed of under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court may cause it to be sold whenever it thinks fit.

(3) If, within two years from the date of the attachment, any person whose property is or has been at

the disposal of the State Government, under sub-section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.

Section 85 CrPC — Release, Sale and Restoration of Attached Property

(1) If the proclaimed person appears in time

· If the accused turns up within the time given in the proclamation (82) →

o Court must release the property from attachment.

· ⚖️ Idea: Section 83 attachment is only a pressure tactic, not punishment in itself.

(2) If the proclaimed person does not appear in time

· Property goes to the State Government (“at its disposal”).

· But property cannot be sold immediately. Safeguards:

o Sale only after 6 months from attachment date, AND

o Only after all claims/objections under Section 84 are settled.

· Exceptions (where Court may order immediate sale):

1. Property is perishable (fruits, livestock, etc.), OR

2. Sale is for the benefit of the owner (e.g., selling stock before it loses market value).

(3) If the proclaimed person appears within 2 years (after deadline)

· If, within 2 years of attachment:

o Person appears voluntarily or is arrested and produced,

o AND proves to Court:

§ He did not abscond to avoid warrant, AND

§ He had no proper notice of proclamation to attend in time,

· Then → property must be restored to him.

· Restoration includes:

o The property itself (if still unsold), OR

o Net proceeds of the sale (if sold), OR

o Combination of sale proceeds + unsold property.

· Costs of attachment will be deducted before returning.

Practical Example

· Step 1: Court issues proclamation under 82 against A.

· Step 2: Property attached under 83.

· Step 3: A does not appear in 30 days → property at disposal of State.

· Step 4: After 6 months & disposal of Section 84 objections, Govt can sell property.

· Step 5: A appears after 1 year, proves he was abroad and had no knowledge of proclamation.

· Result: Court orders return of property (or sale proceeds) after deducting costs.

Advocate’s Pointers

· For Prosecution: Push the case that accused was intentionally absconding → prevents restoration under 85(3).

· For Defence: Always argue lack of knowledge of proclamation + no intention to evade warrant → opens door for restoration.

· For Third Parties: Protect through Section 84 → otherwise their rights may be extinguished once Govt sells the property.

In short:

· Appear on time → property released.

· Don’t appear → property to State, but not sold for 6 months (except perishable/beneficial cases).

· Appear within 2 years & prove innocence → property/sale proceeds restored.

86. Appeal from order rejecting application for restoration of attached property.—

Any person referred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.

Section 86 CrPC — Appeal from Order Rejecting Application for Restoration

· If someone (covered under Section 85(3)) asks the Court to restore his attached property (or its sale proceeds) and the Court refuses, he can appeal against that refusal.

Who can appeal?

· A person whose property was attached under Section 83 → later went into State’s disposal (under Section 85).

· He then applied under 85(3) claiming:

o He didn’t abscond to avoid warrant, and

o He didn’t have proper notice of proclamation.

· If the Court rejects his application → he becomes an “aggrieved person.”

· Such a person can file appeal under Section 86.

Where to appeal?

· To the Court to which appeals ordinarily lie from the sentences of the Court that passed the order.

o If Magistrate passed the order → appeal lies to the Sessions Court.

o If Sessions Judge passed it → appeal lies to the High Court.

Practical Example

· Court issues proclamation (82) and attachment (83) against A.

· Property under attachment goes to State (85).

· A appears after 1 year → applies under 85(3), saying he was abroad, had no notice, did not abscond deliberately.

· Magistrate rejects restoration.

· A can now file an appeal under Section 86 to the Sessions Court.

Advocate’s Angles

· For Defence: Section 86 is the last chance to save client’s property. Argue procedural defects in proclamation/attachment, or lack of real intent to abscond.

· For Prosecution: Oppose appeal by highlighting deliberate avoidance, proper service of proclamation, and accused’s bad conduct.

The Full Chain (82–86 CrPC)

1. 82 → Proclamation for absconder.

2. 83 → Attachment of absconder’s property.

3. 84 → Third-party claims/objections to attachment.

4. 85 → Release/sale/restoration depending on appearance.

5. 86 → Appeal against rejection of restoration application.

In short: 82 = Name shaming, 83 = Property freezing, 84 = Third-party protection, 85 = Release/Return rules, 86 = Appeal safety valve.

What Happens When an Accused Absconds? Step-by-Step Guide under CrPC : Explained by Advocate Nedunuri Raghu