po

Querist : Anonymous (Querist) 05 March 2010 This query is : Resolved
my query is that there are specific sections mentioned in sec.82(4)crpc. for example ec.279ipc is not mentioned in sec.82(4).whether an accused u/s279ipc can be declared as po

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Raj Kumar Makkad (Expert) 05 March 2010
Even if not mentioned in section 82 (4) even then such accused person can be declared as PO if he is absconding from attending the court even after issuance of non-bailable warrants.

Guest (Expert) 05 March 2010
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 specific 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 home-stead in which such person ordinarily resides or to some conspicuous place of such town or village;

(c) A copy thereof shall be affixed to some conspicuous part of the Court house,

(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.

Parveen Kr. Aggarwal (Expert) 05 March 2010
We have not found sub-section (4) in section 82 of the Code of Criminal Procedure, 1973, where as per your query a list of offences has been given specifying such offences wherein an accused can be declared proclaimed offender.

Will you please provide (reproduce) section 82(4) mentioned in your query?

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