Summon, warrant, proclamation and attachment of property aims to compel the person to appear before the Court. Generally, summon is served in summon cases and Warrant in Warrant Cases. However, Magistrate may issue Summons in Warrant Cases under section 204 of Code of Criminal Procedure and under section 87 of code of criminal procedure, warrant may be issued in lieu of or in addition to summon.
When Court may publish a written proclamation
Section 82 of Code of Criminal Procedure states that a court may publish a written proclamation if the court has reason to believe that the person against whom the warrant has been issued, has absconded or concealed himself so that warrant can’t be executed.
Duration
The Court may publish a written proclamation on which they mention the specified place where he needs to appear and specified time which shall not be less than 30 days from the date of publishing of that written proclamation.
How proclamation for person absconding shall be published
Section 82(2) of Code of criminal procedure states how proclamation for person absconding shall be published –
It shall be publically read in such place or village where that person resides
It shall be affixed to the house of that person where he ordinarily resides or it shall be affixed to some place of his town or village.
A copy of proclamation shall be affixed to some part of the courthouse.
The above-mentioned provision is mandatory and discretionary power has been given to court that he may direct to publish a copy of proclamation in a daily newspaper of the area where that person ordinarily resides.
