Code of Criminal Procedure Explained

The Code of Criminal Procedure forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

Section 72(1) — Warrants to Whom Directed

• A warrant of arrest
  • shall ordinarily be directed to one or more police officers
• but the Court issuing such a warrant may
  • direct it to any other person or persons
  • if its immediate execution is necessary and no police officer is immediately available

Section 76 — Person Arrested to Be Brought Before Court

• Police officer or other person executing a warrant of arrest
  • shall bring the person arrested before the Court without unnecessary delay
  • subject to provisions of section 71 as to security
• such delay shall not in any case exceed twenty-four hours
  • exclusive of the time necessary for journey from the place of arrest to the Magistrate’s Court

Section 77 — Where Warrant May Be Executed

• A warrant of arrest may be executed
  • at any place in India

Proclamation for Person Absconding — Section 82(1)

• If any Court has reason to believe
  • 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

Publication of the Proclamation — Section 82(2)

The proclamation shall be published as follows:

• It shall be publicly read
  • in some conspicuous place of the town or village in which such person ordinarily resides
• 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
• A copy thereof shall be affixed
  • to some conspicuous part of the Court-house
• 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

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Proclaimed Offender — Section 82(4)

• Where
  • a proclamation is for a person accused of an offence punishable u/s 302, 304, 364, 367, 382, 392- 400, 402, 436, 449, 459 or 460 IPC and
  • such person fails to appear at the specified place and time
• the Court may
  • pronounce him a proclaimed offender and make a declaration to that effect

Attachment of Property of Person Absconding — Section 83(1)

• Court issuing a proclamation u/s 82
  • may order attachment of any property, movable or immovable belonging to the proclaimed person
  • at any time after the issue of proclamation
• Where at the time of issue of proclamation Court is satisfied
  • that the person in relation to whom proclamation is to be issued
  • is about to dispose of any part of his property or
  • is about to remove any part of his property from local jurisdiction of Court
• it may order attachment
  • simultaneously with issue of proclamation

Section 83(2)

• Such order shall authorize
  • attachment of any property belonging to such person within the district in which it is made
• It shall authorize
  • attachment of any property belonging to such person without such district
• when endorsed by the District Magistrate
  • within whose district such property is situate

Section 83(3)

• If the property ordered to be attached is a debt or other movable property:
• attachment shall be made
  • by seizure or
  • by appointment of a receiver or
  • by prohibiting delivery of such property to the proclaimed person or

Section 83(4)

• If the property ordered to be attached is immovable:
• attachment shall be made
  • through the Collector of the district in which the land is situate, in case of land paying revenue to State Govt
  • by taking possession or by appointment of a receiver, in all other cases

Release, Sale and Restoration of Property — Section 85

• If the proclaimed person appears
  • within the time specified in the proclamation
• Court shall make an order
  • releasing the property from attachment

• If the proclaimed person does not appear
  • within the time specified in the proclamation
• the property under attachment
  • shall be at the disposal of State Govt…
• but it shall not be sold
  • until expiration of six months from the date of attachment and
  • until any claim preferred or objection made u/s 84 has been disposed of…
• unless
  • it is subject to speedy and natural decay or
  • Court considers that the sale would be for the benefit of the owner
• in either of which cases
  • Court may cause it to be sold whenever it thinks fit

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