Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
1. S.82 CrPC falls under Ch-VI i.e. “process to compel appearance”. It’s purpose is to ensure that a person whose appearance is required before the court, appears before it.
2. S.174A IPC, inserted in 2005, provides for punishments if a person doesn’t appear before the court when a proclamation has been published/declared against him u/s.82 CrPC. Its purpose is to ensure penal consequences for defiance of a court order requiring presence.
3. S.174A IPC is an independent, substantive offence, that can continue even if the proclamation under S. 82 CrPC is extinguished. It is a stand-alone offence.
Issue 1: Whether the status of Proclaimed Offender u/s.82 CrPC subsists if the accused is acquitted in the main offence?
SC: No. Since, the accused got exonerated, his presence is no longer required before the court. The proceedings u/s.82 CRPC got nullified.
Issue 2: Whether subsistence of the proclamation order u/s.82 CrPC is required for the authorities to proceed against the accused for the offence committed u/s.174A IPC?
SC: Yes. The prosecution can still proceed against him for not appearing before the court when the process was in effect. So, while proceedings u/S.174A IPC cannot be initiated independent of S.82 CrPC i.e. can only be started post the issuance of proclamation, they can continue if the said proclamation is no longer in effect.
However, the Trial Court can still take note of the fact that the accused is acquitted in the main offence and can close the proceedings u/s.174A IPC if such prayer is made and circumstances so warrant. Finally, SC closed the proceedings u/s.174A IPC.
