WARRANT-PROCLAIMATION-82-LOC
WARRANT
A warrant is the order of the court which empowers the police officer to arrest a person and bring the said person before the court/judge. When a person is charged with a crime or convicted for a crime committed by him but he fails to appear before the court, a warrant is issued by the court against the said person, in order to make him appear before the court with the help of the officer.
Categories of Warrant:
- Bench Warrant- it is an order issued by the court against a person who does not appear before the court for the purpose of hearing or a charge or as witness in a matter. When a bench warrant is issued, the officer is at charge to bring the person before the court.
The cancellation of warrant can be done either by procuring bail or by appearing before the court along with appropriate application.
- Search Warrant- it is an order empowering an officer to search a premises/person for particular evidence. The said warrant can be procured on the lawful statement and belief of an officer, who has a reason to believe that evidence of a crime committed shall be located.
- Arrest Warrant: it is an order which gives power to the police officer to arrest a person named in the warrant, etc.
Types of Warrant:
- Bailable Warrant- it is a warrant issued by the court where the person against whom the warrant has been issued shall not be arrested and will be released on bail with the help of a bail bond and surety submitted before the court. Section 71(1) of Cr.P.C. deals with bailable warrants.
- Non-Bailable Warrant- it a warrant of arrest issued by a court against a person, he shall be arrested by the police and presented before the court. Courts issue NBW only in the extreme situations, where there is hindrance in maintaining law and order or interest of an individual is affected at large.
Warrants can be issued for different purpose and they are of different forms. It is an authorization in writing given by the court for a person’s appearance, arrest, witness etc.
PROCLAMATION OF PERSON ABSCONDING U/S 82 CR.P.C
A person who is absconding or is avoiding warrants is given a final chance to appear before the court. Proclamation is pasted at the residence or the last known address of the absconding person and also at the court premises. Duration of 30 days or more is given to the absconded person to appear before the court.
When a warrant against an accused person is not executed and accused fails to appear before the court, court may direct proclamation to be issued against the accused person under Section 82 Cr.P.C. Court may also direct for attachment of property of the absconding person under Section 83 Cr.P.C.
A proclamation may be issued against a person who is hiding himself from law.
Section 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.
(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 period 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, 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.
(5) The provisions of sub-section (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).
Before the issuance of proclamation, the magistrate shall be satisfied that the accused has been absconding or avoiding the warrant of the court. The main requirement is that the accused shall be aware of being arrested and he purposely avoiding the same.
While recording the order of proclamation the Magistrate should mention clearly that the accused is absconding and should also mention the duration, since when he is absconding.
If a warrant fails to be received, proclamation shall not be issued. Before the issuance of proclamation, officer should be satisfied that the accused has the knowledge of the warrant issued against him. Until the accused person against whom proclamation is issued surrenders, the court shall not entertain any application on his behalf.
LOOK OUT CIRCULAR (LOC)
LOC in India is issued to trace, monitor and prevent airport entry or exit of persons who are either wanted or are under suspicion and are required under custody of the legal or police authority.
LOC is communicated through a circular issued by an authorized governmental agency. In certain circumstances, the government has to take the recourse of extra discretionary power, using digital technology to trace and identify individuals who are trying to escape. But this is opted only in special circumstances.
The power to issue LOC is carried in accordance with the Ministry of Home Affairs. The validity of LOC is for the period of one year. After that it automatically expires unless some agency specifically requests for its renewal. LOC can be requested and ordered only by a competent authority, in order to fulfill requirements of both investigation and trial.
Issuance of LOC in case of cognizable offence is under Indian Penal Code or any other penal laws under which the accused is booked.
The power of LOC is extraordinary and drastic in nature and also affects and individuals right to travel. But at times it becomes difficult to issue LOC due to absence of any substantive law. The said power can also be misused affecting constitutional rights and liberty.
The main objective of LOC is to detain a wanted person and hand over the said person to the appropriate authority. It helps the government to prevent a criminal from leaving the country and also helps to prevent criminals of other country travel and hide themselves in India.
A set of guidelines mentioned in the judgment given by the Hon’ble High Court of Delhi namely, Sumer Singh Salkan Vs. Asstt. Director & Ors. [W.P.(Crl.) No. 1315/2008] dated 11.08.2010 are as follows:
- Recourse to LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest.
- The Investigating Officer shall make written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving details & reasons for seeking LOC. The competent officer alone shall give directions for opening LOC by passing an order in this respect.
- The person against whom LOC is issued must join investigation by appearing before I.O. or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. LOC can be withdrawn by the authority that issued and can also be rescinded by the trial court where case is pending or having jurisdiction over concerned police stationon an application by the person concerned.
- LOC is a coercive measure to make a person surrender to the investigating agency or Court of law. The subordinate courts’ jurisdiction in affirming or cancelling LOC is commensurate with the jurisdiction of cancellation of NBWs or affirming NBWs.
