Proclamation and attachment of property are coercive legal measures under the Code of Criminal Procedure, 1973 (CrPC) used when an accused or witness evades arrest or absconds despite issuance of a warrant. These measures aim to compel the appearance of the person before the court and to prevent the disposal of their property during such absconding.
Meaning of Proclamation under CrPC
- Proclamation is a public notice issued by a court under Section 82 of the CrPC declaring a person as absconding if they fail to appear in court after the issuance of a warrant.
- It gives a time period of not less than 30 days for the person to appear.
- It is issued when the court has reason to believe that the accused is deliberately avoiding arrest.
Section 82 CrPC: Legal Provisions of Proclamation
- The court may issue a written proclamation requiring the accused to appear at a specified place and time.
- The proclamation must be:
- Publicly read in a conspicuous place in the town or village where the accused ordinarily resides.
- Affixed to a prominent place in the town/village and also on the accused’s residence.
- Published in a daily newspaper circulating in the area.
- If the person does not appear within the time, they may be declared a proclaimed offender under certain cases (e.g., offences under Section 302, 304, 364, 367 IPC, etc.).
Attachment of Property under Section 83 CrPC
- If the court is satisfied that the person is absconding or is about to dispose of or remove property, it may order attachment of movable or immovable property belonging to such person.
- The aim is to:
- Compel the person to surrender.
- Prevent the accused from enjoying the proceeds of the crime.
- Secure compensation for victims if necessary.
Modes of Attachment
- Movable Property: Attachment by seizure.
- Immovable Property:
- By prohibiting transfer or charging of the property.
- By taking possession of the property.
- By appointing a receiver.
- Debts and Shares: By issuing a prohibitory order to debtors or companies.
Release or Restoration of Attached Property
- If the accused appears within the proclaimed time, the court may release the property.
- If the accused fails to appear, the property may be confiscated to the State under Section 85 CrPC.
- Any person other than the absconder claiming the property may apply for restoration, provided they can prove lawful ownership.
Important Case Laws
K. K. Patel v. State of Gujarat (2000)
- The Supreme Court held that issuing a proclamation requires strict compliance with the procedure under Section 82 CrPC. A proclamation issued without satisfying the requirement of affixing and publication is invalid.
Lalu Prasad Yadav v. State of Bihar
- The court upheld the attachment of property where the accused repeatedly failed to appear and was avoiding legal proceedings.
Significance in Criminal Law
- Ensures presence of absconding accused in court.
- Prevents misuse or alienation of property during trial.
- Protects the interests of victims and ensures execution of sentences.