How to Compel any Person to Appear in the Court Modes of Compel Appearance of Any Person By Proclamation

 

PROCLAMATION

How to Compel any Person to Appear in the Court

Modes of Compel Appearance of Any Person By Proclamation

1- Introduction

If any Court is satisfied after takin evidence that any person against whom Summons, Warrants has been issued by it and that person has absconded or concealed himself so that such process cannot be executed. Such court may publish proclamation requiring him to appear at a specified place and specified time nit less than Thirty days from the date of publishing proclamation.

2- Relevant Law 

Section 87 of CrPC

3- Meaning of Proclamation

Proclamation is derived from Latin word " Proclamare " which means to make public by announcement

Legal meaning of Proclamation is Official Declaration.

3- Interpretation of Absconder

I- Meaning

A fugitive who run away and hide to avoid arrest or prosecution

II- Kinds of Absconder

                    a)- An accused who intentionally conceal himself to avoid court proceeding

                    b)- An accused who conceal himself due to from police and other administration authority 

III- Absconder losses some fundamental rights

                     i-e Right of liberty, Right of property

3- Pre-Conditions of Issuance of Proclamation

Following are the Pre-Conditions of Proclamation

I- Issuance of Summon

Firstly summon issued to any person whose attendance is necessary in the court

II- Issuance of Warrant

Secondly issuance of warrant against accused person is also a pre-condition for proclamation proceeding u/s 87 of CrPC ( PLD 2001 KAR 211 )

III- Failure of Execution of Summons and Warrants

It is also pre-condition that summons and warrants failed in execution and accuse is not appear before court

IV- Satisfaction of the Court about accused abscondence 

Court is satisfied with some evidence that accused person is abscond and hide himself

V- Proclamation must be in Writing

Proclamation against the accused must be in writing

4- Contents of Proclamation

Following are the Content of Proclamation

                         > Name and address of the accused

                         > Description of offence in which he require

                         > Statement requiring that he must appear

                         > Specified place and date not less than Thirty Days for appearance

5- Publication of Proclamation

Following are the Modes of Publication

I- Publicly Read

               The proclamation shall be read to the public at some conspicuous place of town or village where such person ordinarily reside

II- Affixation at some Conspicuous Part

                The proclamation shall be affixed at some conspicuous part of the house where the that person is reside

III- Affixation at Court

                  A copy of proclamation shall be affix at some conspicuous part of the court

6- Statement Validating Proclamation

                   A statement in writing shall be made stating that a proclamation was duly published on a specified day

I- Effect 

                  Statement shall be the conclusive proof of that requirement of this section have been fulfilled and that proclamation published on said day

7- Conclusion