Cognizance of

offences-
Sec. 190 CRPC

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Sec. 190. Cognizance of offences by Magistrates. (CRIK-rule)
• —(1) Subject to the provisions of this Chapter, any Magistrate of the first class,
and any Magistrate of the second class specially empowered in this behalf under
sub-section (2), may take cognizance of any offence—
• (a) upon receiving a complaint of facts which constitute such offence;
• (b) upon a police report of such facts;
• (c) upon information received from any person other than a police officer, or upon his own
knowledge, that such offence has been committed.

• (2) The Chief Judicial Magistrate may empower any Magistrate of the second
class to take cognizance under sub-section (1) of such offences as are within his
competence to inquire into or try
Meaning & Scope
• The expression 'cognizance’ in Section 190 has not been defined in the Code.
• The expression is used to indicate a point when the Magistrate takes judicial notice of
an offence with a view to initiate criminal proceedings [M.L. Sethi v. R.L. Kapur, AIR
1967 SC 528].
• In Subramanian Swamy v. Manmohan Singh, AIR 2012 SC 1185, Supreme Court held
that cognizance is taking judicial notice by the court of law possessing jurisdiction, on a
matter presented before it so as to decide whether there is any basis for initiating
proceeding.
• Taking cognizance does not mean issuance of process [Manhari Bhai v. Shailesh Bhai,
(2012) 10 SCC 527].
• It is a settled law that court can take cognizance of an offence only once and once the
cognizance is taken the court becomes functus officio. There can be no recall of order of
cognizance. [Bholu Ram v. State of Punjab, (2008) 9 SCC 140]
• Taking cognizance under Section 190 does not depend upon the presence of accused in
the court. Accused has no role to play at this stage. The word 'cognizance has not been
defined in the Code. Its meaning has been explained by judicial pronouncements.
• In S.K. Sinha, Chief Enforcement Officer v. Videocon International Ltd. and
others, (2008) 2 SCC 492, it was observed by the Supreme Court that the
expression 'cognizance’ has not been defined in the Code but it means ‘'become
aware of’ and when used with reference to a Court or a Judge, it connotes to
take notice of judicially. The court held that taking cognizance does not involve
any formal action of any kind. It occurs as soon as a Magistrate applies his mind
to the suspected commission of an offence.
• Cognizance is thus a sine qua non or condition precedent for holding a valid
trial.
• In D. Lakshminarayana Reddy and Others v. V. Narayana Reddy and Others,
AIR 1976 SC 1672, Supreme Court held that from the scheme of the Code, the
content and marginal heading of Section 190 and the caption of Chapter 14
under which Sections 190 to 199 occur, it is clear that a case can be said to be
instituted in a court only when the court takes cognizance of the offence
alleged therein. The ways in which such cognizance can be taken are set out in
clause (a), (b) and (c) of Section 190(1).
D. Lakshminarayana Reddy and Others v. V. Narayana Reddy and Others, AIR 1976 SC 1672

• With respect to complaints, the court held that on receiving a complaint, the
Magistrate applies his mind for the purposes of proceeding under Section
200 and the succeeding sections in Chapter 15 of the Code , he is said to have
taken cognizance of the offence within the meaning of Section 190(1)(a).
• If instead of proceeding under Chapter 15, he has in the judicial exercise of
his discretion, taken action of some other kind, such as issuing a search
warrant for the purpose of investigating, or ordering investigation by the
police under Section 156(3), he cannot be said to have taken cognizance of
any offence.
 Cognizance of offences by Court of Session [Section
193]
• Section 193 provides that no Court of Session shall take cognizance of any
offence as a court of original jurisdiction, unless the case has been
committed to it by a Magistrate under the Code.
Exceptions to this rule:
• Where it has been provided by the Code itself under Section
199(2)i.e.—Defamation of president or governor.
• Where it has been provided by any other law for the time being in force.
Sanction for certain
offences/ Offenders
Sec.196 and 197 CRPC
Section 196 --Cognizance of offences against the State and criminal
conspiracy to commit such offences
Sec.196 provides that
I. The Court can take cognizance of any offence under Section 153-A(Promoting
enmity b/w classes), 295-A(maliciously insulting a religion) , 505 (1)(Rumor to
disrupt public peace) and under Chapter VI (sec. 121-130 –offences against state)
of Indian Penal Code or its criminal conspiracy or abetment under Section 108A, IPC
(abetment to commit offence outside India) with previous sanction of the Central
Government or the State Government only.
II. A court can take cognizance of any offence under Section 153-B (imputations
against national integration), 505 (2) ( statement creating enmity b/w classes), 505
(3) )(doing 502 in place of worship) of IPC or its criminal conspiracy with previous
sanctions of the State Government or District Magistrate only.
III. A court can take cognizance of the offence of criminal conspiracy to commit above
mentioned offences (other than criminal conspiracy to commit an offence
punishable with death, life imprisonment or rigorous imprisonment of two years or
Section 197--Prosecution of Judges and Public Servants

• Section 197 provides that any person who is or was a Judge or Magistrate or a
public servant not removable from his office without the sanction of the
Government, is accused of an offence alleged to have been committed by him
while acting or purporting to act in discharge of his official duty, no court can
take cognizance of such offence except with the previous sanction of the
Central Government or the State Government
• Similarly, no court shall take cognizance of any offence alleged to have been
committed by any member of armed forces of the Union while acting or
purporting to act in discharge of his official duty, except with the previous
sanction of the Central Government.
Reasonable nexus test
• Supreme Court in Choudhary Praveen Sultana v. State of West Bengal AIR
2009 SC 1404 held that all acts done by public servant in purported discharge of
his official duties cannot be as a matter of course brought under the protective
umbrella of Section 197.
• The underlying object of Section 197 is to enable the authorities to scrutinize
the allegations made against the public servant to shield him/her from frivolous,
vexatious or false prosecution initiated with the main object of causing
embarrassment and harassment to the said official.
• In Devendra Prasad Singh v. State of Bihar (2019), Supreme Court held that in
order to attract rigor of Section 197 the offence alleged against a Government
Officer must have some nexus with the discharge of his official duties as
Government Officer.
• Thus a government servant can’t claim protection u/s197 for indulging in
bribery etc.
 Committal
Proceedings
Sec. 204-209
204. Issue of process.—
• (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient
ground for proceeding, and the case appears to be—
• (a) a summons-case, he shall issue his summons for the attendance of the accused,
or
• (b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for
causing the accused to be brought or to appear at a certain time before such
Magistrate or (if he has no jurisdiction himself) some other Magistrate having
jurisdiction.
• (2) No summons or warrant shall be issued against the accused under sub-section (1)
until a list of the prosecution witnesses has been filed.
• (3) In a proceeding instituted upon a complaint made in writing, every summons or
warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.
• (4) When by any law for the time being in force any process-fees or other fees are
payable, no process shall be issued until the fees are paid and, if such fees are not paid
within a reasonable time, the Magistrate may dismiss the complaint.
• (5) Nothing in this section shall be deemed to affect the provisions of section 87 (i.e.
Issue of warrant in lieu of, or in addition to, summons.)
Sec.204
• Section 204 provides that if Magistrate taking cognizance of an
offence, considers that there is sufficient ground for proceedings then
he:
Shall issue summons (in summons case)
• Sec.204

May issue warrant or summon (in a

warrant case
• No summons or warrant shall be issued until a list of a prosecution witnesses
has been filed.
• Where any process-fee or other fees are payable, no process shall be issued
until the fees are paid.
• and if such fees are not paid within reasonable time the Magistrate may dismiss
the complaint.
• Summoning order under Section 204 is a revisable order.
• At the stage of issuing process, the Magistrate is mainly concerned with the
allegations made in the complaint and only to be prima facie satisfied that their
are sufficient grounds for proceeding against the accused. It is not the province
of the Magistrate to enter into a detailed discussion of the merits or demerits of
the case. [India Carat (P) Ltd. v. State of Karnataka, (1989) 2 SCC 132]
•Supreme Court in Mahendra Singh Dhoni v. Yerraguntla
Shyamsundar, (2017) 7 SCC 760 observed that Magistrate conferred
with the power to issue process must carefully scrutinize whether
allegations made in the complaint meet the basic ingredients of
offence and whether the accused needs to be Summoned.
• In Prabhu Dutt Tiwari v. State of Uttar Pradesh, (2018) 13 SCC 609
Supreme Court observed that at the stage of summoning accused on
the basis of private complaint, all that is required is satisfaction of
the Magistrate in the light of the records made, evidence adduced by
the complainant.
•In State of Gujarat v. Afroz Mohammed Hasanfatta, 2019 (2) JT 212
Supreme Court held that Magistrate is not required to record
reasons for Summoning the accused in a case instituted on police
report.
Recall of issue of process under Section 204:
• Supreme Court in K.M. Matthew v. State of Kerala and another, (1992)1 SCC
217 held that the court issuing process can recall the same on being satisfied
that issue of process was not in acordance with law.

• This ratio in Mathew's case was overruled by Supreme Court in Adalat Pasad V.
Roop Lal Jindal, AIR 2004 SC 4674.

• In Adalat’s case Supreme Court observed that once the process is issued under
Section 204 the Magistrate cannot recall such order. There is no provision for
recall in the code and appropriate remedy lies in filing application before High
Court under Section 482 of the Code.
Sec. 205- Dispensation with
personal attendance .
Dispensation with personal attendance Section 205
• Section 205 provides that when a Magistrate issues a summons he may dispense with
the personal attendance of the accused and permit him to appear by his pleader.
• It applies only in cases where a Magistrate has Issued summons in the first instance.
• Magistrate, may at any stage of the proceedings, direct the personal attendance of the
accused.
• While granting exemptions under Section 205 security cannot be de manded from the
accused.
• Power to dispense with the personal attendance of the accused under this section is
limited to the first issue of process and that it cannot be exercised at any later stage.
• but if Magistrate finds it necessary at later stage to dispense with the personal
attendance of the accused, he will have to act under and in accordance with the
provisions of Section 317.
• The provisions to dispense with the personal attendance of the accused and to permit
him to appear
• by his pleader are contained in Sections 205, 273 and 317.
Sec.206-Special summons in
petty offences
Sec. 206-Special Summons in petty offences
• Petty offence means any offence whether under Indian Penal Code or
any other penal Act, punishable with fine only not exceeding 1000
rupees.
• Offences punishable under the Motor Vehicle Act or any other law
which makes provisions for convicting or sentencing the accused in
his absence are not petty offences under this Section.
• Section 206 applies when offence is petty & is triable summarily under Section 260 or
261 of the Code.

• In the above circumstances the Magistrate will issue summons to the accused
I. requiring either to appear in person or by pleader; or

II. Plead guilty without appearing before the Magistrate and to transmit the plea in writing & the
amount of fine specified in summons by post or by messenger before the specified date or,

III. If he(accused) desires to appear by pleader, & to plead guilty through such pleader, to authorise
in writing the pleader to plead guilty on his behalf and to pay the fine through such pleader.

• The maximum amount of fine that can be imposed under this Section shall not exceed
1000 rupees.
• The State Government may empower a Magistrate to apply Section
206 in relation to:
• Any offence punishable with any sentence of imprisonment or
fine (if it is compoundable under Section 320 of the Code) or,
• Any offence punishable with imprisonment not exceeding 3
months or with fine or with both (if is non-compoundable
offence).
Supply of copy of police report
and other documents to the
accused [Section 207]
Gurbachan Singh v State of Punjab, AIR 1957
SC 623—Object of sec. 207 CRPC
• Object: The object of furnishing the accused person with copies of
the statements and documents as mentioned above is to put him on
notice of what he has to meet at the time of inquiry or trial and to
prepare himself for his defence.
• if the copies of statements etc, are not supplied to the accused
person as required by Section 207, it will be a serious irregularity;
however, this irregularity in itself will not vitiate trial.
Supply of copy of police report and other
documents to the accused [Section 207]
Section 207 provides if the proceedings are instituted on police report the
Magistrate shall furnish to accused, free of cost and without delay a copy
of the following:
• Police-report under Section 173 (2);
• First Information Report under Section 154;
• Statement of witness under Section 161;
• Confession and statements recorded under Section 164;
• Any other document or relevant extract under Section 173 (5)
 Supply of copies of statements and documents to
accused in other cases triable by Court of Session
[Section 208]
• Section 208 provides that if the proceedings are instituted otherwise than on a
police report
• and it appears to the Magistrate that the case is exclusively triable by Court of
Session, then the Magistrate shall
• without delay furnish to the accused, free of cost, a copy of the following
• Statement of all persons examined by Magistrate under Section 200 or 202.
• Statement & confessions, if any under Section 161-164
• Any other document on which the prosecution proposes to rely.
Commitment of a case to the
Court of Session [Section 209]
Commitment of a case to the Court of
Session [Section 209]
• Section 209 relates to the commitment of a case to the Court of
Session, where it is exclusively triable by it (Sessions).
• The Magistrate shall commit the case after complying with the
provisions of Section 207 or 208
• and subject to provisions of bail, remand the accused to the custody.
• The Magistrate shall also send the record of the case and the
documents and articles, if any, which are produced in the evidence.
• The Magistrate shall also notify the Public Prosecutor of the
commitment of the case to the Court of Session,
 Charges
Ch-XVII (Sec.211-224 CrPC)
• The term charge has been defined in Section 2(b) of the Code.
• According to it the 'charge includes any head of charge when the
charge contains more than one heads.
• This definition is merely inclusive definition and does not explain the
meaning of the term 'charge’.
• It can be defined as a precise formulation of specific accusation
made against a person of an offence alleged to have been
committed by him. [Birichh Bhuian v. State of Bihar, AIR 1963 SC
11201
Object of Framing Charge
• The charge serves as a purpose of notice or intimation to the
accused, giving a clear and unambiguous notice of the nature of
accusation.
• It is to enable the accused to have a clear idea of what he is being
tried for.
• It is an important step in criminal trial and it separates the stage of
inquiry from trial. [V.C. Shukla v. State, AIR 1980 SC 962].
• A charge is framed according to Form no. 32 of the Second Schedule
of the Code.
Nature of assessment in framing charge-- State v.
Anup Kumar Srivastava, (2017) 15 SCC 560
• Supreme Court held that framing of charge is the first major step in the
criminal trial where the court is expected to apply its mind to evidence
placed before it and consider possibility of discharging the accused or
requiring him to face the trial.
• At the stage of framing of charge the trial court is not supposed to
examine and assess in detail the materials produced by the prosecution or
sufficiency of material to establish offence alleged.
• Where the court finds that there is ground for presuming that the accused
has committed offence, it shall frame the charge.
• At this stage there cannot be a roving inquiry into the pros and cons of the
matter.
Materials for Framing the charge-- Nitya Dharmanand
v. Gopal Sheelum Reddy, (2018) 2 SCC 93
• The Supreme Court held that ordinarily the court has to proceed on
the basis of the material produced with the charge sheet for framing
of charge, but if the court is satisfied that the investigator has
withheld certain documents important from the point of view of
ensuring justice then the court is not debarred from summoning the
same.
Particulars of a valid charge
• Sections 211 to 214 of the Code lay down requirements and
particulars of a valid charge.
 Contents of charge-- Section 211
• Section 211 lays down that the charge should contain the following:
1. The offence with which the accused is charged.
2. Name of the offence [where the law creating the offence, gives it any
specific name]
3. Definition of offence [where the law does not give any specific name]
4. Law and section of law against which the offence is said to have been
committed.
5. The fact that charge is made is equivalent to a statement that every legal
condition required by law to constitute the offence charged was fulfilled.
6. The charge shall be written in the language of the court.
7. Particulars relating to previous conviction (i.e.. the fact, the place and the
date of the prevous conviction). The court may also add it any time before
passing the sentence.
 Particulars as to time, place and person [Section 212]
Section 212 provides that the charge shall contain:-
• (a) Such particulars as to time and place of the alleged offence;
• (b) Person against whom, or thing in respect of which the offence was
committed, which are reasonably sufficient to give the accused notice of the
matter with which he is charged.
• (c)When the accused is charged with criminal breach of trust or dishonest
misappropriation of money or other movable property, it shall be sufficient to:
I. Specify the gross sum;
II. Describe the movable property;
III. Mention the dates between which the offence is alleged to have been
committed. Time included between first and last date shall not exceed one year
• In cases under ( c) above, there is no need to specify the particular items or
exact dates. The charge will be deemed to be Charge of one offence within the
meaning of Section 219.
Manner of committing offence [Section 213]
• Section 213 provides that when the nature of the case is such that
the particulars mentioned in Section 211 and 212 do not give the
accused sufficient notice of the matter with which he is charged,
• the charge shall also contain such particulars of the manner in which
the alleged offence was committed (as will be sufficient for that
purpose).
• For example: A is accused of cheating B at a given time and place.
The charge must set out the manner in which A cheated B.
• Section 214 provides that in every charge words used in describing an
offence shall be deemed to have been used in the sense attached to
them respectively by the law under which the offence is punishable.
Effect of errors in the Charge
• Sections 215 and Sec. 464 of the Code are to be read conjointly under this
topic.
• Section 215 states that No error in stating either the offence or the
particulars required to be stated in the charge, and no omission to state
the offence or those particulars, shall be regarded at any stage of the case
as material, unless the accused was in fact misled by such error or
omission, and it has occasioned a failure of justice.
• Section 464 states that no finding, sentence or order by a court of
competent jurisdiction shall be deemed to be invalid merely on the ground
that:
• (a) No charge was framed; or
• (b) On ground of any error, omission or irregularity in charge
including mis-joinder
unless in the opinion of the court of appeal, confirmation or revision, a
failure of justice has occasioned.
 Willie Slaney v. State of M.P, AIR 1956 SC
116
• In Willie Slaney v. State of M.P, AIR 1956 SC 116, the court held that the object
of the charge is to give accused notice of the matter he is charged with.
• If the necessary information is conveyed to him and no prejudice is caused to
him because of the charges, the accused cannot succeed by merely showing
that the charges framed were defective.
• Further, in Vinubai Ranchodbhai Patel v. Rajivbhai Dudabhai Patel, (2018 7
SCC 743 Supreme Court held that erroneous, irregular or absence of specific
charge does not render the conviction invalid unless failure of justice has
occasioned.
Illustrations of effect of Error in charge.
• For example, "A' was charged with the murders of Khuda Baksh on Jan. 21, 1882.
• In fact the murdered person's name was Haidar Bakhsh & the date of the murder was
Jan. 20, 1882.
• 'A' was never charged with any murder but one and had heard the inquiry before the
Magistrate, which referred exclusively to the case of Haidar Bakhsh.
• The court may infer from these facts that A was not mislead and that the error in the
charge was immaterial.
However
• A is charged with cheating B, and the manner in which he cheated B is not set out in
the charge.
• There were many transactions between A and B, and A had no means of knowing to
which of them the charge referred, and offered no defence.
• The Court may infer from such facts that the omission to set out the manner of the
cheating was, in the case, a material error.
Alteration or Addition in the charge
• The Code gives ample power to the court to alter or asmed a charge whether
by the trial court or the appellate court [Jaswinder Saini v. State (Govt. of NCT
of Delhi) (2013) 7 SCC 2561].
 Sec.216- Court may alter charge
• Section 216 empowers a court to alter or to add to any charge at any time
before the judgement is pronounced. Sec.216(1) .
• Every alteration or addition must be read and explained to the accused.
Sec.216(2) .
• If in the opinion of the court alteration or addition in the charge is not likely to
cause prejudice to the accused or the prosecutor, court may proceed with the
trial as if the altered or added charge had been original charge. Sec.216(3) .
• If in the opinion of the court alteration or addition in the charge may cause
prejudice to the accused or the prosecutor, it may either direct a new trial or
adjourn the trial for such period as may be necessary. Sec.216(4) .
• If the offence stated in altered or added charge is one which requires previous
sanction, the case shall not proceed unless the sanction has been obtained.
Sec.216(5)
• Section 217 provides for calling of further witnesses or re-calling of witnesses
where the charge is altered or added.
Process to compel appearance
Sec.61-90, CRPC
Meaning of Summons
• The term 'summons’ has not been defined in the Code,
• However, it means an authoritative call or process by the Court to
calling upon a person to appear before it or production of any
document or thing.
• Summons are issued according to Form no. 1 of Second Schedule.
Essentials of summons:
Section 61 provides the essentials of summons. Essentials of summons are-
I. It must be in writing.
II. It must be in duplicate.
III. It must be signed by the presiding officer of the court or any other officer
authorised
IV. by the High Court.
V. It must bear the seal of the court.
VI. If the summons are issued on the basis of complaint filed by the
complainant it snou
VII. accompanied by a copy of the complaint. [Section 204(3)
VIII. Every summon must sufficiently state the particulars of the place and time
of appearance and nature of the offence charged.
Mode of service of summons [Section 62-69]

Summons how served

Personally [Sec.62]

On adult male members

(not servant) Section 64

Substituted Service
[Section 65]
• If practicable a summon shall be served personally on the person
summoned by delivering or tendering one of the duplicates of the
summons. [Sec.62(2)]
• The person on whom summons is served shall, if so required by the
serving officer, sign a receipt thereof on the back of other duplicate.
[Sec.62(3)]
 Sec. 63. Service of summons on corporate bodies and
societies.
• Section 63 relates to service of summons on corporate bodies & societies
• Service of summons on a Corporation and societies may be affected by -
I. Serving it on secretary, local manager or other principal officer of the
corporation;
II. Serving through a registered post on chief officer of the corporation in
India.
• Section 64 provides that if the person summoned cannot be found after
exercising due diligence, the Summons can be served on the adult male
member of the family.
• Servant is not considered to be the member of family.
Sec. 65. Procedure when service cannot be effected as
before provided. Or Service by Affixture—
• If service cannot by the exercise of due diligence be effected as
provided in section 62, section 63 or section 64,
• the serving officer shall affix one of the duplicates of the summons
to some conspicuous part of the house or homestead in which the
person summoned ordinarily resides;
• and thereupon the Court, after making such inquiries as it thinks fit,
may either declare that the summons has been duly served or order
fresh service in such manner as it considers proper.
Sec. 66. Service on Government servant
• .(1) Where the person summoned is in the active service of the
Government,
• the Court issuing the summons shall ordinarily send it in duplicate to
the head of the office in which such person is employed;
• and such head shall thereupon cause the summons to be served in
the manner provided by section 62,
• and shall return it to the Court under his signature with the
endorsement required by that section.
• (2) Such signature shall be evidence of due service.
• Section 67 provides for the service of summons outside local limits. It
shall be sent to the Magistrate within whose local jurisdiction the
person either resides or otherwise is present.
• Section 68 relates to the proof of service of summons when serving
officer is not present at the hearing of the case.
• Section 69 provides for service of summons by post. The court can
also effect the service of Summons by post in addition to and
simultaneously with the issue of summons.
Warrant of Arrest
Meaning:
The term warrant of arrest has not been defined in the Code.
• It can be defined as an order of the court directed to a police officer or any other
person to arrest a particular person and produce before the court
Purpose of warrant:
For following purposes 'warrants can be issued’:
• for enforcing the appearance of the accused (warrant of arrest) [Section70-81].
• for production of document or thing, by issuing (search warrant) [Section 93-98 ]
Warrant of arrest is issued according to Form no. 2 of II Schedule
 Sec. 70. Form of warrant of arrest and
duration.—
• (1) Every warrant of arrest issued by a Court under this Code shall be
• in writing,
• signed by the presiding officer of such Court and
• shall bear the seal of the Court.
• (2) Every such warrant shall remain in force until it is cancelled by the Court
which issued it, or until it is executed.
• Section 71 provides the court issuing warrant for execution, may
make an endorsement on the warrant
• to the effect that if the person arrested executes a bond with
sufficient sureties for his appearance before court he may be
released on furnishing security.
• Ordinarily it is called bailable warrant.
• Such endorsement shall be in accordance with Form No.2 of II
Schedule.
To whom warrant of arrest directed? [Section 72]

• Section 72 provides that warrant of arrest may be directed to:

• One or more police officers
• Any other person/persons. (if immediate execution is necessary
and no police officer is immediately available)
• When warrant is directed to more than one officer or person, it may
be executed by all or by any one or more of them.
Sec. 73. Warrant may be directed to any
person.
• Section 73 provides that Chief Judicial Magistrate or Magistrate of
first class may direct a warrant to any person, within his local
jurisdiction for the arrest of the following persons:
I. Escaped convict
II. Proclaimed offender
III. Accused of a non-bailable offence who evades his arrest
• Section 74 provides that a warrant may be executed by any other
police officer, whose name is endorsed upon the warrant by the
officer to whom it is directed.
• Notification of substance of warrant: Section 75 provides that police officer or
other person executing a warrant of arrest shall notify the substance of the
warrant to the person to be arrested and if so required, shall show him the
warrant.
• Section 76 provides that person arrested to be brought before court without
delay. Such time shall not in any case exceed 24 hours, exclusive of the time
necessary for the journey from the place of arrest to the magistrate's court.
• Section 77 provides that warrant of arrest may be executed at any place in
India.
• Sections 78 and 79 relate to the execution of a warrant outside the local
jurisdiction of the issuing Court.
• When a warrant is to be executed outside the local jurisdiction of the court
issuing it. it shall be forwarded by the post or otherwise to any Executive
Magistrate or District Superintendent of Police or Commissioner of Police
within the local limit of whose jurisdiction it is to be executed and then such
authorities cause it to be executed.
• Sections80 and 81 relate to execution of a warrant outside the district in which
Proclamation and Attachment
 Proclamation of the person absconding [Section 82
(1)]
Section 82 provides that for issuing of proclamation following conditions must be
fulfilled:
• Warrant of arrest has been issued by the court,
• Court issuing warrant has reason to believe (whether after taking evidence or
not) that the person against whom warrant has been issued has:
• (a) absconded; or
• (b)concealing himself so that such warrant may not be executed.
• A proclamation cannot be issued before the issuance of warrant of arrest.
• Simultaneous issuance of warrant and proclamation under Section 82 is illegal.
Form of proclamation [Section 82(1)]

• Must be in writing.
• Specify the place and time for appearance of the absconder.
• Date of appearance must not be less than 30 days from the date of
publication of such proclamation.
Manner of issuance of proclamation [Section 82(2)]

I. It should be publicly read in some conspicuous place of the

town or village in which such person ordinarily resides,
II. It should 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,
III. Copy of it should be affixed to some conspicuous part of the
court house.
Court may also direct a copy of the proclamation to be published in a
daily newspaper circulating in the place in which such person ordinarily
resides.
Proclaimed offender Section 82 (4)

• Section 82 (4) (inserted by Cr.P.C. (Amendment) Act, 2005) provides

that
• where a published proclamation is in respect of person accused of an
offence punishable under Sections 302, 304, 364, 367,382, 392- 400,
402, 436, 449, 459, 460 of Indian Penal Code and
• such person fails to appear at the specified place and time
• the court may after making such inquiry as it thinks fit, pronounce
him a proclaimed offender and make declaration to that effect.
Attachment of property of the absconder [Section 83]

• Section 83 provides that court issuing proclamation, may at any time

after the issue of proclamation order attachment of any movable or
immovable property belonging to offender.
Simultaneous order of proclamation and attachment:
Proviso to Section 83
• Proviso to Section 83 provides that attachment may be ordered
simultaneously with the proclamation under the following conditions:
• absconder is about to dispose of the whole or any part of his property
• about to remove the whole or any part of his property from the local
jurisdiction of the court.
• Order of attachment authorizes the attachment of property situated
outside the district only after the endorsement by the District
Magistrate within whose districts such property is situated. [Section
83(2)
Manner of Attachment [Section
83, (3), (4) & (5)]
Debt or movables [Sec 83(3)]
Where property is a debt or other movables attachment can be done:
I. by seizure
II. by appointment of receiver;
III. by prohibiting (by order in writing) delivery of property to the
proclaimed person or to any one on his behalf,
IV. by all or any two of the above methods.
Land paying revenue: Sec.83(4)

• Where property is land paying revenue to the State Government,

• its attachment can be made through the Collector of the district in
which the land is situated.
Other Immovable property (except Land paying
revenue) [Sec83(4)]
Where property is other immovable property attachment could be
made:
I. by taking possession; or
II. by appointment of receiver; or
III. by prohibiting the payment of rent or delivery of property to the
absconder or to anyone on his behalf; or
IV. by all or any two of the above methods.
Live stock or things of perishable nature
[Sec83(5)]
• Where the property live stock or is of perishable nature, the court
may order immediate sale.
• Proceeds of sale shall abide the order of the court.
Claims & objection related to the attachment
[Section 84]
• Section 84 provides that any claim can be preferred within 6 month
by any person other than the proclaimed person in a court by which
order of attachment is issued.
• Where property is attached under an order endorsed by the Collector
under Section 83 (2) (property situate in another district), claims &
objections shall be made in the court of Chief Judicial Magistrate of
the district in which attachment is made.
• Where claims or objections have been disallowed in whole or in part,
a suit may be instituted to establish the right, within a period of one
year from the date of such order.
Release, sale or restoration of the attached
property [Section 85]
• Section 85 provides that if the proclaimed person, appears within the time specified in the
proclamation, the court shall release the property from the attachment.
• If the proclaimed person does not appear within the specified time, the property under
the attachment shall be at the disposal of the State Government but it shall not be sold:
• before expiration of 6 months from date of attachment
• before the disposal of claims or objections made under Section 84, unless:
• (a) it is subject to speedy and natural decay or,
• (b) court considers the sale would be for the benefit of owner.
[In either of these cases, court may cause it to be sold whenever it thinks fit]

If within 2 years irom the date of attachment such person appears before the court and
proves to the satisfaction of the court that
Section 85 (3) : restoration of the attached
property
• If, within two years from the date of the attachment, any person whose
property has been attached 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.86. Appeal from order rejecting application
for restoration of attached property
• .—Any person referred to in sub-section (3) of section 85, who is
aggrieved by any refusal to deliver property or the proceeds of the
sale thereof may appeal to the Court to which appeals ordinarily lie
from the sentences of the first-mentioned Court.