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Report No. 154

23. Proclamation for person absconding

Do you agree with the suggestion that in section 82 of the Code, after sub-section (3), the following sub-sections should be inserted to make the declaration that the person is a proclaimed offender where he fails to appear at the specified place and time mentioned in the proclamation issued under sub-section (1) of section 82 in relation to offences under sections 302, 364, etc., of the Indian Penal Code as laid down under clause 13 of the Code of Criminal Procedure (Amendment) Bill, 1994:

"(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under sections 302, 304, 364, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 436, 449, 459 or 460 of the Indian Penal Code, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such enquiry 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)"?

The Code of Criminal Procedure, 1973 Back

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