MODEL DOCKET PROCEEDINGS UNDER SECTIONS 82 & 83 OF THE CODE OF CRIMINAL PROCEDURE, 1973

 MODEL DOCKET PROCEEDINGS UNDER SECTIONS 82 & 83 OF THE CODE OF CRIMINAL PROCEDURE, 1973

By P.V.Kranthi Kiran, Senior Superintendent, Mahabubnagar

Disclaimer

These docket orders are provided as illustrative model templates for reference purposes only. They are not a substitute for independent judicial application of mind on the specific facts and circumstances of each individual case. Presiding officers must adapt these formats to accurately reflect the actual record of the proceedings, the specific properties involved, and any prevailing Criminal Rules of Practice or standing orders of the respective High Court.

Note: If this matter falls to be governed by the BNSS instead of the Cr.P.C. (proceedings initiated on or after 1 July 2024), the corresponding provisions are                   Ss. 84, 85, 87, 88 and 89 BNSS.

 

DOCKET 1: Receipt of Unexecuted NBW & Issuance of Proclamation (Section 82 Cr.P.C.)

Date: ___________

Ld. APP present. Accused is absent.

The Non-Bailable Warrant (NBW) issued against the accused, has been received back unexecuted with a report from the concerned police station/process server stating that the accused is not found at the given address and is deliberately evading the process of law. This Court notes that NBWs have been pending unexecuted for a considerable period, indicating a clear intention on the part of the accused to abscond. The long pendency of an unexecuted warrant itself can be sufficient to infer that the accused has absconded. The return of a warrant is not a sine qua non for initiating action under Section 82 Cr.P.C.

Having perused the record, including the unexecuted NBW and the report thereon, this Court has reason to believe and is satisfied that the accused, has absconded or is concealing himself so that the warrant of arrest issued against him cannot be executed.

Accordingly, the Court directs the issuance of a written proclamation under Section 82(1) Cr.P.C., requiring the accused, to appear before this Court on or before {date_at_least_30_days_hence} at 10:00 AM to answer the complaint/charge.

The proclamation shall be published strictly as per Section 82(2) Cr.P.C. by: a) Publicly reading it in a conspicuous place of the town/village where the accused ordinarily resides. b) Affixing it to a conspicuous part of the house or homestead in which the accused ordinarily resides. c) Affixing a copy thereof to a conspicuous part of this Court-house. d) [Optional, if deemed necessary by the Court] Directing a copy of the proclamation to be published in the daily newspaper 'Eenadu' which has circulation in the area where the accused ordinarily resides.

The executing officer is directed to file a compliance report regarding the due publication of the proclamation.

Call on: _______for appearance of the accused and for the compliance report of the executing officer.

DOCKET 2: Expiry of Proclamation Period & Declaration of Proclaimed Person (Section 82(1) Cr.P.C.)

Date: _______

Ld. APP present. Accused is absent.

The date specified in the proclamation issued under Section 82 Cr.P.C. for the appearance of the accused, has expired today. The executing officer's report regarding the due publication of the proclamation in accordance with law has been received and taken on record. The report confirms that all statutory requirements for publication under Section 82(2) Cr.P.C. have been duly complied with. Despite repeated calls, the accused has failed to appear before this Court.

Consequently, the accused, is hereby declared a "Proclaimed Person" under Section 82(1) Cr.P.C.

As the accused continues to abscond, the prosecution is directed to furnish details of the properties, both movable and immovable, belonging to the proclaimed person to enable the Court to compel his appearance through attachment proceedings.

Call on: _________for the prosecution to furnish the property particulars of the proclaimed person.

OPTIONAL DOCKET 2A: Declaration of Proclaimed Offender (Section 82(4) Cr.P.C. - Only for specific heinous crimes)

(Note: This order is to be passed on the same day as Docket 2, or on a subsequent date, ONLY if the accused is charged with offenses explicitly listed in Section 82(4) Cr.P.C., such as murder, dacoity, etc. As held in several Judgments there is a clear distinction between a 'proclaimed person' and a 'proclaimed offender', with the latter applying only to specific grave offences.)

Date: _____

PROCEEDINGS:Ld. APP present. Accused is absent.

Following the declaration of the accused, as a "Proclaimed Person" under Section 82(1) Cr.P.C., this Court has conducted an inquiry into the continued non-appearance of the accused.

Upon perusal of the First Information Report (FIR No. _____) and the charges framed/allegations made against the accused, it is evident that the offense alleged against the accused falls under Section {list_specific_ipc_section, e.g., 302, 395, 396, 399, 400, 402, 436, 449, 450, 457, 458, 459, 460} of the Indian Penal Code, which is explicitly covered under Section 82(4) Cr.P.C. Therefore, the accused, {name_of_accused}, is hereby formally declared a "Proclaimed Offender".

Call on: _____ for the prosecution to furnish the property particulars of the proclaimed offender.

DOCKET 3: Receipt of Police Report on Property & Order of Attachment (Section 83 Cr.P.C.)

Date: ________

PROCEEDINGS:  Ld. APP present. Accused is absent.

The Court has perused the report of the Station House Officer, ______, dated _____ disclosing that property belonging to the proclaimed person/offender, (name of accused), is available and traceable at _____village, ___ Mandal, _______District. The report provides adequate particulars of the property, including its extent, boundaries, and clear nexus to the accused.

This Court has already directed the publication of a proclamation under Section 82 Cr.P.C. and declared the accused a proclaimed person/offender. For the reasons recorded to compel the appearance of the evading accused, and being satisfied that resort to attachment is warranted, this Court hereby orders the attachment of the scheduled property under Section 83(1) Cr.P.C.

The scheduled property is described as: Immovable Property:(description of immovable property with survey no etc)}

Movable Property (if any):{description of movable property}

As the scheduled property is immovable, the executing officer, the Station House Officer, _____ is directed under Section 83(4) Cr.P.C. to attach the same by a written order prohibiting the transfer or charge of the property. (if it is land revenue paying immovable property),the Warrant of Attachment shall be forwarded through the District Collector, ____, in terms of the proviso to Section 83(4) Cr.P.C., as the land pays revenue to the Government. For movable property, the SHO is directed to seize the same.

The office is directed to note the case in the Attachment Register and issue the Warrant of Attachment for execution, proclamation by beat of drum at _______ village, and affixture at a conspicuous part of the property and the village Gram Panchayat office.

Call on: ____ for the receipt of the compliance report of attachment from the executing officer.

DOCKET 4: Receipt of Compliance Report of Attachment

Date: _________

PROCEEDINGS:Ld. APP present. Accused is absent.

The Court has perused the compliance report and the enclosed panchanama submitted by the executing officer, {name_of_executing_officer}, regarding the attachment of property at {village_name} village. The report discloses that the attachment has been duly effected and proclaimed in the manner directed by this Court on {date_of_attachment}. The report is taken on record.

The office is directed to make the necessary entry in the Attachment Register and note today's date for the purpose of computing the statutory six-month period under Section 84 Cr.P.C. for claims and objections. The attached property shall remain at the disposal of the State Government, subject to any claims or objections preferred under Section 84 Cr.P.C. and further statutory provisions.

Call on: ________ for recording evidence of the prosecution witnesses nder Section 299 Cr.P.C.

 

DOCKET 5: Recording Evidence (Sec 299 Cr.P.C.) & Transfer to Long Pending Cases (LPC)

Date: _______

PROCEEDINGS:Ld. APP present. Accused is absent.

The accused,  remains absconding, and this Court is satisfied that there are no reasonable prospects of his apprehension in the near future. To prevent the object of preserving human testimony from failing due to the passage of time, and in light of the provisions of Section 299 Cr.P.C., the Court proceeds to record the statements of the available prosecution witnesses in the absence of the accused. This procedure is essential to ensure that valuable evidence is not lost, as recognized in cases like C.B.I. vs Abu Salem Ansari & Anr(2011 (4) SCC 426) and State (Delhi Admn.) vs Som Prakash @ Som Nath @ Somi (76(1998)DLT562- Delhi High Court).

(Note: Evidence of PWs is recorded. The names of witnesses and a brief summary of their testimony should be included here.)

The mandatory procedures prescribed under Sections 82, 83, and 299 Cr.P.C. have been fully complied with. The High Court has instructed that it is not conducive to the administration of criminal justice to keep old cases pending on the regular file due to the non-execution of NBWs.

Consequently, the office is directed to remove this case from the regular register and transfer it to the Register of Long Pending Cases (LPC) concerning the absconding accused, {name_of_accused}. The records of this case shall be retained for a period of 30 years from this date, after which they may be destroyed by following due process of law. The case shall be revived immediately upon the apprehension or voluntary surrender of the accused.

Consign the file to the record room.

Call on: _________(This date can be a nominal date for administrative review or left blank if the case is to be revived only upon apprehension/surrender).

 

 

 

 

Notes on Subsequent Stages

These stages are not immediate next steps but are noted here for completeness; a separate order will be required at whichever is actually reached.

1.  Claims and Objections (S.84 Cr.P.C. / S.87 BNSS): any person other than the proclaimed person who claims an interest in the attached property, and objects to the attachment on the ground that such interest is not liable to attachment, may prefer a claim or objection within six months from the date of attachment. It is inquired into by this Court (or, where the property was attached pursuant to endorsement under S.83(2), it may also be preferred before the Chief Judicial Magistrate of the district in which the attachment was made) and is allowed or disallowed in whole or in part. A claimant/objector whose claim is disallowed may institute a civil suit within one year to establish the right claimed; this Court's order remains conclusive, subject to the result of that suit.

2.  Release, Sale and Restoration (S.85 Cr.P.C. / S.88 BNSS): if the proclaimed person appears within the time specified in the original proclamation, the property is released forthwith. If he does not, the property is treated as at the disposal of the State Government, but may not be sold before the expiry of six months from the date of attachment and the disposal of any claim/objection under S.84 (unless it is perishable or a sale would benefit the owner). If, within two years from the date of attachment, the proclaimed person appears or is apprehended and satisfies the Court that he had not absconded to avoid the warrant and had no notice of the proclamation in time to appear, the property (or sale proceeds) is delivered to him after deducting the costs of attachment.

3.  Proclaimed Offender Declaration (S.82(4) Cr.P.C. / S.84(4) BNSS) — related but distinct from attachment: where the accusation is of an offence to which S.82(4) applies [under Cr.P.C., the specified serious IPC offences; under BNSS, any offence punishable with imprisonment of ten years or more, imprisonment for life, or death], and the accused fails to appear despite due proclamation, the Court may, after inquiry, declare him a “proclaimed offender.” This carries its own consequences, including exposure to prosecution under S.174A IPC / S.209 BNS for non-appearance, and bears on eligibility for anticipatory bail.