Major Constitutional Amendments

What we have borrowed from the Government of India Act, 1935?

The Government of India Act 1935 was an Act of the Parliament of the United Kingdom. 

Features borrowed from the American Constitution Click Here 

Features borrowed from the British Constitution  Click here

Fundamental Rights

What we have borrowed from the British Constitution?

Features borrowed from the American Constitution Click Here 

Features borrowed from the Government of India Act, 1935  Click here

What we have borrowed from the American Constitution?

Features borrowed from the British Constitution  Click here

Features borrowed from the Government of India Act, 1935  Click here

Sources of Indian Constitution (Part - I)

What is Pardon, Commutation, Remission, Respite & Reprieve ?

When can police officer arrest offender without warrant or authorisation under NDPS Act?

Defences which can be taken under Section 11 of Indian Evidence Act

Add caption

Types of Bail

Effect of death of Complainant or Accused on Complaints

Learn CPC orders ( XI - XX-A)

CPC Orders I - X

Who can arrest under Narcotic Drugs and Psychotropic Substances Act, 1985 ?

Learn CPC Orders ( I-X)

CPC order XI - XX-A

Court Procedure in non-cognizable offences

Court Procedure in Cognizable case

Difference Between Complaint & FIR

IN Manharibhai Muljibhai Kakadia & Anr. v. Shaileshbhai Mohanbhai Patel & Ors., 2012 (10) SCC 517, the division bench reiterated,

"We hold, as it must be, that in a revision petition preferred by the complainant before the High Court or the Sessions Judge challenging an order of the Magistrate dismissing the complaint under Section 203 of the Code at the stage under Section 200 or after following the process contemplated under Section 202 of the Code, the accused or a person who is suspected to have committed the crime is entitled to hearing by the Revisional Court."

जानिए ! क्या करे जब पुलिस आपकी FIR दर्ज करने से इंकार कर देती है ? जानिए आपके अधिकार !!!

Procedure of Police Investigation

Court procedure in non-cognizable case

Accused Is Entitled To Be Heard In A Revision Petition Against Dismissal Of Protest Petition: Supreme Court

SUBHASH SAHEBRAO DESHMUKH ...APPELLANT(S)

VERSUS

SATISH ATMARAM TALEKAR AND OTHERS ...RESPONDENT(S)

Power of Courts

Court Procedure under Domestic Violence Act, 2005

          What is domestic violence > Part - I

What reliefs can be granted- DV act >Part - II

   Procedure of court under DV Act >Part - III

Also watch Law relating to Maintenance under Indian Law > Click Here

Reliefs granted under Domestic Violence Act (ten seconds read Part-II)

       What is domestic violence > Part - I

Relief granted under DV act, 2005 >Part - II

   Procedure of court under DV Act >Part - III

What is Domestic Violence ? (one minute read) (Part - I )

            What is domestic violence > Part - I

Relief granted under DV act, 2005 >Part - II

   Procedure of court under DV Act >Part - III

Unpacking the box of Art 21 of Indian Constitution (Timeline of Rights) (One minute Read)

Law of Maintenance under Indian Law (One minute Read - Part III)

• See >>> Part II
• See >>> Jurisdiction
• See >>> Law relating to Domestic Violence act

Law of Maintenance under Indian Law (One minute Read - Part II)

• See >>> Part I
• See >>> Part III
• See >>> Jurisdiction
• See >>> Law relating to Domestic Violence act

Law of Maintenance under Indian Law (One minute Read - Part I)

• See >>> Part II
• See >>> Part III
• See >>> Jurisdiction
• See >>> Law relating to Domestic Violence act

MAINTENANCE PENDENTE LITE - MAINTENANCE GRANTED UNDER OTHER STATUTES
Hindu Marriage Act, 1955, S.24 -- Maintenance pendente lite - Grant of maintenance either under Hindu Marriage Act or Hindu Adoption and Maintenance Act or S.125 Criminal Procedure Code or S.20 of Protection of Women from Domestic Violence Act - An order passed in either of the proceedings does not debar re-adjudication of the issue of maintenance in any other Court. 2020(1) Civil Court Cases 124 (Delhi)

10 Legal Maxims /Words which every Lawyer must know (Part - V)

Legal Maxims / Words Part -1 

Legal Maxims / Words Part -2 

Legal Maxims / Words Part-3

Legal Maxims / Words Part -4 

Legal Maxims / Words Part -5 

Meaning of Proclamation of Offender

MEANING OF PROCLAMATION

In general terms, Proclamation means "The act of causing some state matters to be published or made generally known.". 

WHEN PROCLAMATION AGAINST A PERSON IS ISSUED?

When a person absconds or wilfully conceals himself from the warrant issued by the court then the only recourse available before the court  is to publish a written proclamation requiring the person absconding to appear before the court within thirty days from the date of issue of such proclamation. 

RULES REGARDING SUCH PROCLAMATION

There are imperative conditions which need to be followed while taking this recourse. Under section 82 of Code of Criminal Procedure such proclamation must be published in the following three places:-

1. It shall be published in the place or town where such absconded person ordinarily resides. So that the person residing therein may read the proclamation.
2. It shall also be affixed to the conspicuous part of the house where such absconded person ordinarily resides
3. It shall also be published in the conspicuous part of the courthouse.
4. The court on his own motion may direct the proclamation to be published in the daily newspaper.

WHO IS A PROCLAIMED OFFENDER?

 Not every person who runs away from the process of the court and against whom the proclamation is made is Proclaimed offender. Only those person who has committed these* crimes and against whom such warrants are in force and they are absconding and hiding from the law. Then such person is declared as proclaimed offender by the court.

Section	Description
302	Punishment for murder
304	Punishment for culpable homicide
364	Punishment for Kidnapping and abduction
367	Punishment for Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.
382	Theft, after preparation having been made for causing death, or hurt, or restraint or fear of death, or of hurt or of restraint, in order to the committing of such theft, or to retiring after committing it, or to retaining property taken by it
392	Punishment for robbery
393	Punishment for Attempt to commit robbery
394	Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery
395	Punishment for Dacoity
396	Punishment for murder in dacoity
397	Robbery or Dacoity, with attempt to cause death or grievous hurt
398	Attempt to commit robbery or Dacoity when armed with deadly weapons
399	Making preparation to commit Dacoity
400	Belonging to a gang of persons associated for the purpose of habitually committing Dacoity
402	Being one of five or more persons assembled for the purpose of committing Dacoity
436	Mischief by fire or explosive substance with intent to destroy house etc.
449	House-trespass in order to the commission of an offence punishable with death
459	Grievous hurt caused whilst committing lurking house-trespass or house-breaking
460	Death or grievous hurt caused by one of several persons jointly concerned in house-breaking by Night, etc.

WHAT IF THE PERSON ABSCONDING DOESN'T MAKE HIMSELF APPEAR WITHIN THE STIPULATED TIME?

In such a scenario, Section 83 of the code of criminal procedure comes into play. The magistrate who has ordered for the issue of the written proclamation against the accused can order for attachment of the property (movable, immovable or both) of the proclaimed person. Attachment means prohibition of transfer, conversion, disposition or movement of property

 If the court is of the opinion that the proclaimed person is about to dispose of his property or trying to remove his property, the court may order for the attachment of the property (movable, immovable or both) of the proclaimed person simultaneously with the order of the proclamation. 

WHAT IF THE PROCLAIMED PERSON APPEARS WITHIN THE STIPULATED TIME?

If the proclaimed person appears within the stipulated time mentioned in the written proclamation, the Court shall make an order releasing the property from the attachment and then such person will be punished accordingly under section 174-A IPC.

Offence	Punishment
Ø  Failure to appear at specified place and specified time as required by a proclamation published under Sub-Section 1 of section 82 of the CRPC      Ø  In a case where declaration has been made under Sub-                     Section 4 of section 82 of this Code pronouncing a person               as  proclaimed offender	3 Years or Fine or Both   7 Years + Fine

    WHAT WILL BE THE PROCEDURE OF THE COURT IF THE ABSCONDING PERSON DOESN'T APPEAR AT ALL?

In such a case, court will not sit as a mere spectator. The proceeding will commence even in the absence of the accused. Under sec 299 Crpc, the evidence will be recorder in the absence of the accused. Section 299 Crpc is the exception to section 273 of Crpc. Section 273 Crpc enumerates that the evidence shall be taken in the presence of the accused but under section 299 crpc the evidence will be taken in the absence of the accused. 

In the case of Jayendra Vishnu Thakur V.  State of Maharashtra (2009) 7 SCC 104 it was held that for recording the evidence of the accused in his absence, following conditions must be fulfilled : -

1. There must be proof that accused has absconded.

2. There is no immediate prospect of arresting the accused, whether conjunctive or distinctive. 

            Furthermore, Sec 470 Crpc says that In computing the period of limitation, the time during which the offender has avoided arrest by absconding or concealing himself shall be excluded. 

Sec 457 crpc

457. Procedure by police upon seizure of property.-(1) Wherever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession therefore, or if such person cannot be ascertained respecting the custody and production of such property.

(2) If the person so entitled is known, the Magistrate may order the property to the delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the dateof such proclamation and establish his claim within six months from the date of such proclamation.

Sec 102 of Crpc Power of police officer to seize certain property.

102. Power of police officer to seize certain property.—(1) Any police officer may seize any property which may be :- 

a) alleged or suspected to have been stolen, or  

b) found under circumstances which create suspicion of the commission of any offence.

(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.

(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation], he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same:

Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of Sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

Notes on Clauses to 2005 Amendment ► The proposed amendment to sub-section (3) of Section 102 is intended to give greater discretion to the police for releasing seized property, where there is difficulty in securing proper accommodation for the custody of property or where the continued retention of the property in police custody is not considered necessary for the purposes of investigation.

It is also proposed that if the seized property is of perishable nature and value of such property is less than five hundred rupees and if the person entitled to the possession of such property is unknown or absent, the police be empowered to sell such property by auction under the orders of the Superintendent of Police. For this purpose a proviso is being inserted to sub-section (3) of Section 102 of the Code.

► Interpretation/Construction.—“Any property” includes any bank account creating suspicion about commission of an offence. Investigating officer (IO) in course of investigation has power to seize or prohibit operation of bank account of any person which may be found under circumstances creating suspicion of commission of any offence. Bank account need not be only of accused but can be any account creating suspicion about commission of offence. Even if name of a body/person with which accused concerned has an association (a trust in present case), is not included as accused in FIR but during investigation IO believes that persons named as accused are actively associated with that trust, and, that circumstances emerging from transaction(s) done by them from bank accounts pertaining to that trust create suspicion of commission of offence, IO can exercise his discretion to issue directions to seize those accounts, Teesta Atul Setalvad v. State of Gujarat, (2018) 2 SCC 372. ► Police Officer, Powers of.—A plain reading of sub-section (1) of Section 102 indicates that the police officer has the power to seize any property which may be found under circumstances creating suspicion of the commission of any offence. The legislature having used the expression “any property” and “any offence” have made the applicability of the provisions wide enough to cover offences created under any Act, State of Maharashtra v. Tapas D. Neogy, (1999) 7 SCC 685 : 1999 SCC (Cri) 1352.

Sec 468 Crpc

468. Bar to taking cognizance after lapse of the period of limitation.—(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be—

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

Sec 469 of Commencement of the period of limitation.

469. Commencement of the period of limitation.—(1) The period of limitation, in relation to an offender, shall commence,—

(a) on the date of the offence; or

(b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or

(c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.

(2) In computing the said period, the day from which such period is to be computed shall be excluded.

Sec 470 Crpc Exclusion of time in certain cases.

470. Exclusion of time in certain cases.—(1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded:

Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.

(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.

(3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.

Explanation.—In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded.

(4) In computing the period of limitation, the time during which the offender—

(a) has been absent from India or from any territory outside India which is under the administration of the Central Government, or

(b) has avoided arrest by absconding or concealing himself,

shall be excluded.

Sec 299 of Crpc Record of evidence in absence of accused

299. Record of evidence in absence of accused.—(1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try [or commit for trial,] such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.

(2) If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India.

Sec 85 of Crpc Release, sale and restoration of attached property

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.

Sec 84 of Crpc Claims and objections to attachment.

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.

Sec 83 of CRPC Attachment of property of person absconding

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

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to 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

(c) by an order in writing prohibiting the payment of rent on delivery of property to the 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).