(1) This Act may be called the Code of
Criminal Procedure, 1973 .
(2) It extends to the whole of India
except the State of Jammu and Kashmir: Provided that the provisions of this
Code, other than those relating to Chapters VIII, X and XI thereof, shall not
apply-
(a) to the State of Nagaland,
(b) to the tribal areas, but the concerned
State Government may, by notification, apply such provisions or any of them to
the whole or part of the State of Nagaland or such tribal areas, as the case
may be, with such supplemental, incidental or consequential modifications, as
may be specified in the notification. Explanation.- In this section,"
tribal areas" means the territories which immediately before the 21st day
of January, 1972 , were included in the tribal areas of Assam, as referred to
in paragraph 20 of the Sixth Schedule to the Constitution, other than those
within the local limits of the municipality of Shillong.
(3) It shall come into force on the 1st
day of April, 1974 .
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.
83. Attachment
of Property of person absconding.
(1) The Court issuing a proclamation under
section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any
property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is
satisfied, by affidavit or otherwise, that the person in relation to whom the
proclamation is to, be issued,-
(a) is about to dispose of the whole or
any part of his property, or
(b) is about to remove, the whole or any
part of his property from the local jurisdiction of the Court, it may order the
attachment simultaneously with the issue of the proclamation.
(2) Such order shall authorise the
attachment of any property belonging to such person within the district in
which it is made; and it shall
authorise the attachment of
any property belonging to such person without such district when endorsed by
the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached
is a debt or other movable property, the attachment under this section shall be
made-
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the
delivery of such property to the proclaimed person or to any one on his behalf;
or
(d) by all or any two of such methods, as
the Court thinks fit.
(4) If the property ordered to be attached
is immovable, the attachment under this section shall, in the case of land
paying revenue to the State Government, be made through the Collector of the
district which the land is situate, and in all other cases-
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the
payment of rent on delivery of property to the proclaimed person or to any one
on his behalf; or
(d) by all or any two of such methods, as
the Court thinks fit.
(5) If the property ordered to be attached
consists of live- stock or is of a perishable nature, the Court may, if it
thinks it expedient, order immediate sale thereof, and in such case the
proceeds of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of
a receiver appointed under this section shall be the same as those of a
receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908 ).
84. Claims and objections to attachment.
(1) If any claim is preferred to, or
objection made to the attachment of, any property attached under section 83,
within six months from the date of such attachment, by any person other than
the proclaimed person, on the ground that the claimant or objector has an
interest in such property, and that such interest is not liable to attachment
under section 83, the claim or objection shall be inquired into, and may be
allowed or disallowed in whole or in part: Provided that any claim preferred or
objection made within the period allowed by this- sub- section may, in the
event of the death of the claimant or objector, be continued by his legal
representative.
(2) Claims or objections under sub-
section (1) may be preferred or made in the Court by which the order of
attachment is issued, or, if the claim or objection is in respect of property
attached under an order endorsed under sub- section (2) of section 83, in the
Court of the Chief Judicial Magistrate of the district in which the attachment
is made.
(3) Every such claim or objection shall be
inquired into by the Court in which it is preferred or made: Provided that, if
it is preferred or made in the Court of a Chief Judicial Magistrate, he may
make it over for disposal to any Magistrate subordinate to him.
(4) Any person whose claim or objection
has been disallowed in whole or in part by an order under sub- section (1) may, within a period of one year from the date of such order, institute a suit to
establish the right which he claims in respect of the property in dispute; but
subject to the result of such suit, if any, the order shall be conclusive.
85. Release,
sale and restoration of attached property.
(1) If the proclaimed person appears
within the time specified in the proclamation, the Court shall make an order
releasing the property from the attachment.
(2) If the proclaimed person does not
appear within the time specified in the proclamation, the property under the
attachment shall be at the disposal of the State Government; but it shall not
be sold until the expiration of six months from the date of the
attachment
and until any claim preferred or objection made under section 84 has been
disposed under that section, unless it is subject to speedy and natural decay,
or the Court considers that the sale would be for the benefit of the owner; in
either of which cases the Court may cause it to be sold whenever it thinks fit.
(3) If, within two
years from the date of the attachment, any person whose property is or has been at the disposal of the
State Government, under sub- section (2), 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.
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