Sec 82 of Crpc Proclamation for person absconding

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 specified place and at a specified time not less than thirty days from the date of publishing such proclamation. 

 ‘Abscond’ — Meaning.—The primary meaning of the word ‘abscond’ is to hide and when in order to evade the process of law a person is hiding from (or even in) his place of residence, he is said to ‘abscond’, Kartarey v. State of U.P., (1976) 1 SCC 172.

(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 homestead 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.

*(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, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.

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.

(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).

Notes on Clauses to 2005 Amendment ► This clause seeks to insert new sub-sections (4) and (5) in Section 82 empowering the Court 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, 304, 364, etc., of the Indian Penal Code.