Section 82 CrPC: Magistrate Should Not Make Proclamation As Absconder In A Routine Manner As Issue Relates To...
Section 82 of the Criminal Procedure Code (CrPC) along with relevant case laws, focusing on why a magistrate should not make a proclamation as absconder in a routine manner and the principles involved.
Section 82 CrPC: Overview
Section 82 of the Criminal Procedure Code, 1973, deals with the procedure when a person summoned or required to appear in court does not appear. It empowers the magistrate to issue a proclamation calling upon the person to appear at a specified date and place, and if the person fails to appear, to proceed with the trial or inquiry.
Text of Section 82 CrPC (Simplified)
When a person summoned does not appear, the magistrate may issue a proclamation requiring the person to appear at a specified date.
If the person still does not appear, the magistrate can declare the person an absconder and proceed to take further action, including attaching property or arresting the person.
Why a Magistrate Should Not Make Proclamation As Absconder Routinely
The issuance of proclamation and declaration as absconder under Section 82 is a serious step that affects the personal liberty of the individual. Courts have emphasized that magistrates must not resort to this power mechanically or routinely without proper inquiry.
Key Points:
Proclamation is a Serious Consequence
Declaring someone an absconder is not a mere procedural step; it is a serious stigma and can lead to arrest and attachment of property.
Reasonable Satisfaction Required
The magistrate must be reasonably satisfied that the person is deliberately avoiding attendance and has no reasonable cause for non-appearance.
Inquiry into Reason for Absence
Before issuing proclamation or declaring someone an absconder, there should be an inquiry or some effort to understand why the accused or witness is not appearing.
No Routine or Mechanical Exercise
The power cannot be exercised in a routine or casual manner without application of mind or consideration of facts.
Principle of Natural Justice and Fairness
The accused has a right to be heard and the process should be fair, not arbitrary.
Important Case Laws
1. Haradhan Saha v. Emperor, AIR 1946 Cal 103
It was held that the proclamation should be issued only when the magistrate is satisfied after a reasonable inquiry that the person is absconding.
The court stressed that mere failure to appear cannot lead to proclamation without inquiry.
2. Bhim Singh v. State of Punjab, AIR 1951 SC 206
The Supreme Court observed that the procedure under Section 82 must be exercised judiciously and not in a routine manner.
The accused should be given an opportunity to explain the cause of absence.
3. State of Maharashtra v. Ratanlal Nagji Malu, AIR 1964 SC 1605
Held that before issuing a proclamation, magistrate must have a reasonable ground to believe the person is evading the process of the court.
The proclamation cannot be issued merely because the accused did not appear at the first instance.
4. Rajendra Prasad v. State of Uttar Pradesh, AIR 1953 SC 196
It was reiterated that proclamation as absconder can be issued only after making efforts to trace the person or understanding the cause of absence.
5. Mohd. Iqbal v. State of U.P., AIR 1972 SC 1023
The Court held that the object of Section 82 is to provide an opportunity to the absconding accused to appear before the court.
Declaration as absconder without following due procedure would be arbitrary.
Summary
Section 82 CrPC aims to ensure the attendance of accused or witnesses but does not sanction arbitrary or routine declaration of a person as absconder.
The magistrate must conduct an inquiry and be reasonably satisfied that the person is deliberately avoiding the court.
Failure to appear without reasonable cause after summons does not automatically lead to proclamation.
The declaration as absconder has significant consequences; hence, judicial prudence and fairness must guide its exercise.
Several Supreme Court judgments have emphasized the importance of fairness, inquiry, and non-mechanical exercise of this power.
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