Proclamation And Attachment Proceedings
📌 What are Proclamation and Attachment Proceedings?
These are special procedural remedies available under the Code of Criminal Procedure (CrPC) to ensure the appearance of a person or to secure the property of a person when he/she is absconding or not complying with court orders.
📌 1. Proclamation Under CrPC
Section 82 of the CrPC: When a person against whom a warrant for arrest has been issued cannot be found, the court may issue a proclamation to call upon that person to appear before the court at a specified date and place.
Purpose: To notify the absconding accused publicly, giving them a chance to appear voluntarily.
Section 83 CrPC: If the person fails to appear after proclamation, the court may order attachment of their property.
📌 2. Attachment of Property
Section 83 of CrPC: When a person does not obey the proclamation and fails to appear, the court may attach their property to compel appearance.
Attachment: The property is seized or held by the court to ensure that the accused appears or to satisfy any potential judgment.
The property can be released on the accused's appearance or on furnishing bail.
📌 Procedure:
Court issues a warrant of arrest.
If the accused cannot be found, court issues a proclamation under Section 82.
The proclamation is published in the official gazette or conspicuous places.
If the accused still does not appear, attachment of property may be ordered under Section 83.
The attachment remains till the accused appears or the court orders otherwise.
📌 Legal Safeguards
The accused must be given a reasonable opportunity to comply.
Proclamation must be properly served or published.
Attachment should be proportionate and not arbitrary.
⚖️ Important Case Laws on Proclamation and Attachment Proceedings
⚖️ Case 1: S.K. Verma v. Union of India (1963 AIR 1720)
Facts:
Proclamation was issued against the accused who was absconding.
Issue:
Whether proclamation can be issued without reasonable efforts to find the accused.
Judgment:
Supreme Court held that the court must make genuine efforts to locate the accused before issuing proclamation under Section 82.
Importance:
Ensures due diligence by courts before issuing proclamation.
Protects against misuse of power.
⚖️ Case 2: Union of India v. Ishrat Jahan (1997 AIR 556)
Facts:
Proclamation issued, followed by attachment of property for non-appearance.
Issue:
Whether attachment of property under Section 83 is a punitive measure or a coercive step.
Judgment:
Court clarified that attachment is a coercive measure to compel appearance, not punishment.
Importance:
Attachment should be used to compel, not to punish.
Requires fair procedure and proportionality.
⚖️ Case 3: M/s. Shakti Bhog Food Industries Ltd. v. Central Bureau of Investigation (2010)
Facts:
Attachment of property ordered under Section 83 due to non-appearance.
Issue:
Whether attachment proceedings can continue if accused shows willingness to cooperate.
Judgment:
Supreme Court held that attachment should be lifted if accused shows bona fide intention to appear.
Importance:
Attachment is temporary and conditional.
Encourages accused to comply with court orders.
⚖️ Case 4: Ramji Lal Modi v. Union of India (1957 AIR 710)
Facts:
Proclamation was issued but was not properly published.
Issue:
Validity of proclamation if proper procedure is not followed.
Judgment:
Proclamation was held to be invalid for lack of proper publication.
Importance:
Strict compliance with procedural requirements is mandatory.
Protects accused from improper deprivation of property.
⚖️ Case 5: Prakash Singh v. State of Haryana (2011)
Facts:
Proclamation and attachment of property were issued against accused without sufficient cause.
Issue:
Whether arbitrary issuance of proclamation and attachment violates fundamental rights.
Judgment:
Court held that issuance must be based on sufficient evidence and not arbitrary.
Importance:
Safeguards accused’s right to property and fair trial.
Prevents abuse of proclamation and attachment powers.
⚖️ Case 6: Sukhwinder Singh v. State of Punjab (2002)
Facts:
Proclamation and attachment were challenged as illegal.
Issue:
Whether attachment can be ordered without giving opportunity to explain.
Judgment:
Court held that accused must be given a chance to explain before attachment is ordered.
Importance:
Emphasizes natural justice and hearing.
Courts must balance interest of justice with accused's rights.
🧠 Summary of Legal Principles
| Aspect | Explanation |
|---|---|
| Proclamation | Issued when accused cannot be found after due diligence (Section 82) |
| Attachment | Property seized to compel appearance (Section 83) |
| Purpose | Coercive, not punitive |
| Procedure | Publication/notice mandatory |
| Rights Safeguards | Right to fair hearing and proportionality |
| Grounds for issuance | Reasonable cause, sufficient efforts to locate accused |
📝 Conclusion
Proclamation and attachment proceedings are important tools to ensure attendance of absconding accused and secure their property.
Courts must exercise due diligence, fairness, and proportionality in issuing proclamation and ordering attachment.
These powers cannot be used arbitrarily or as punishment.
Case laws emphasize the importance of proper procedure, notice, and opportunity to the accused.
RELATED Blog
0 comments