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Definition of Absconded Accused for Property Attachment - An accused is called absconded when they are hiding or concealing themselves to avoid the execution of warrants or proceedings. The court can order attachment of their property under specific conditions, such as when there is material indicating that the accused has absconded or is concealing themselves, especially after a proclamation under Section 82 of Cr.P.C. ["Ipsita Pratihari VS State of Orissa - Orissa"].
Conditions for Attachment of Property - The attachment of property can be ordered when the court is satisfied that the accused has absconded or is about to remove or dispose of their property to evade legal processes. Attachment can be made simultaneously with the proclamation or afterward, based on the circumstances and material before the court. The attachment aims to secure the property pending the accused's appearance or surrender ["Ipsita Pratihari VS State of Orissa - Orissa"], ["Bhavin Tanwar S/o Radheshyam VS State Of Rajasthan, Through PP - Rajasthan"].
Legal Authority and Procedure - Courts have the authority to issue proclamation under Section 82 and order attachment under Section 83 of Cr.P.C. when the accused is absconding or concealing. The attachment of property is valid only if the court records reasons, especially if the accused is about to dispose of or remove their property from jurisdiction. If the accused surrenders or is apprehended, the attachment should be withdrawn, and the property restored ["Ipsita Pratihari VS State of Orissa - Orissa"], ["ABDUL KHADAR VS STATE OF KERALA - Kerala"].
Evidence and Proof of Absconding - The burden is on the prosecution or the court to prove that the accused has absconded or concealed themselves with the knowledge of the warrant. The proof must be offered within two years of attachment, and the accused can contest or show that they did not abscond or conceal themselves to avoid the warrant. Surrender or appearance within this period can lead to the release or restoration of the attached property ["State Bank of India, Represented by its Assistant General Manager, Stresses Assets Management Branch (S. A. M. B) VS Sub Registrar, Kozhencherry, Pathanamthitta - Kerala"], ["Madivalappa Channappa Chowdary v. State of Mysore - Karnataka"].
Impact of Surrender or Appearance - Once the accused surrenders or appears, and the court is satisfied that they did not abscond or conceal themselves, the attachment should be lifted, and the property restored. The purpose of attachment is to secure the accused's presence; if that purpose is fulfilled, the attachment becomes unnecessary ["ABDUL KHADAR VS STATE OF KERALA - Kerala"], ["BHAVIN TANWAR vs STATE OF RAJASTHAN - Rajasthan"].
Summary - An absconded accused for the purpose of property attachment is someone who conceals themselves to avoid legal proceedings, warrant execution, or arrest. The court can order attachment of their movable or immovable property when it has sufficient material indicating their absconding or concealment, especially after a proclamation under Section 82. The attachment is meant to secure the property pending the accused's appearance, and once the purpose is achieved or the accused surrenders, the attachment should be lifted ["Ipsita Pratihari VS State of Orissa - Orissa"], ["Bhavin Tanwar S/o Radheshyam VS State Of Rajasthan, Through PP - Rajasthan"].
References:- ["Ipsita Pratihari VS State of Orissa - Orissa"]- ["NONCHI HAMY v. CHRISTIAN"]- ["VIVIENNE GOONEWARDENE v. WIJEYESURIYA"]- ["Niranjan Mahato VS State of West Bengal - Calcutta"]- ["Sheikh Showkat vs Ghulam Jeelani Chesti - J&K"]- ["ABDUL KHADAR VS STATE OF KERALA - Kerala"]- ["Lokman Hakim @ Lakman Hakim VS State of West Bengal - Calcutta"]- ["Gigimol Rajan VS District Collector - Kerala"]- ["N. D. GADDIREDDI VS STATE OF DELHI - Delhi"]- ["BHAVIN TANWAR vs STATE OF RAJASTHAN - Rajasthan"]- ["Bhavin Tanwar S/o Radheshyam VS State Of Rajasthan, Through PP - Rajasthan"]- ["S. K. Puri VS Des Raj Bhandhari - Himachal Pradesh"]- ["BHAVIN TANWAR vs STATE OF RAJASTHAN - Rajasthan"]- ["Madivalappa Channappa Chowdary VS State of Mysore - Madras"]- ["Madivalappa Channappa Chowdary v. State of Mysore - Karnataka"]- ["In Re : Duraisingam and Others - Madras"]
In the realm of criminal law, the concept of an absconded accused plays a critical role when courts seek to secure justice by attaching property. But who exactly qualifies as an absconded accused for the purpose of attachment of his property? This question often arises in cases where an individual evades arrest or court proceedings, prompting authorities to take stringent measures.
This blog post delves into the legal definition, criteria, and procedures under the Code of Criminal Procedure, 1973 (CrPC), particularly Sections 82 and 83. We'll explore how courts determine absconding status and authorize property attachment, drawing from key legal documents and case insights. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your situation.
Generally, an accused is termed absconded when they have deliberately evaded the process of law—such as by remaining outside the court's jurisdiction or avoiding arrest—making it impossible for the court to secure their presence for trial or proceedings. This status is not casual; it requires a formal declaration.
The primary legal framework is found in Section 82 of the CrPC, which empowers courts to issue a proclamation declaring a person as absconding if they have fled to avoid arrest or trial. Once declared, Section 83 allows for the attachment of the absconded accused's property as a means to compel appearance. [
#AbscondedAccused #CrPCAttachment #LegalInsights
its satisfaction that the accused has absconded or is concealing in order to avoid execution of the warrant. ... For taking recourse to section 83 of Cr.P.C. regarding attachment of property of the absconding person, there must be material before the Court that after issuance of the proclamation, there was necessity for passing an order of attachment of the property either movable or immovable or both belonging ... Though the Court has power to issue an order of attachment#HL....
By the first order the Police Magistrate had issued a proclamation against the accused-applicant's husband-under section 62 of the Criminal Procedure Code, and by the second he had ordered attachment of his property under section 63. ... Proclamation and attachment of property-Jurisdiction of Court-Warrant of arrest-Criminal Procedure Code, 83. 62 and 63. ... Thereafter, on the 19th November, he made a further order directing the attachment of the property ....
Order of attachment-Order for attest of person by Governor-Person absconding-Attachment of property-Application by attorney to cancel order-Defence (Miscellaneous) Regulations, No.3. ... It is submitted that there is no legal foundation for the attachment order. Before a proclamation and an attachment order are issued, it must be shown that an accused is absconding, knowing of the warrant, or is in concealment. See In re Ramjibhai [13 Cr. L. ... "He verily believed that she had....
(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 ... Section 83: Attachment of property of person absconding: (b) is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the #HL_ST....
Thus, if a third party raises an objection prior to the attachment of the property, the court has to decide the same and if the court comes to the conclusion that the property does not belong to the accused, the court can pass an order, either declining to attach the property or withdraw the attachment ... C provides that objections to the effect that the property does not belong to the accused can also be raised within six months from the date of su....
It was enacted to secure the presence of the accused. Once the said purpose is achieved, the attachment shall be withdrawn. Even the property which was attached should be restored. ... When the court below was satisfied that the petitioner had not absconded or concealed himself for avoiding execution of the warrant against him, that satisfaction itself was sufficient to release the property from attachment, in favour of the petitioner. ... No. 11/2006, seeking the rel....
Attachment of property of person absconding. ... It is for these two circumstances, the statute authorizes simultaneous attachment of properties along with issuance of the warrant of proclamation. In other circumstances, the attachment of the property of an accused may be made any time after issuance of the warrant of proclamation. ... (2) Such order shall authorise the attachment of any property belonging to such person within the district in which....
Once the purpose of issuing the attachment was achieved, the learned Magistrate ought to have withdrawn the attachment and restored the property. ... Since the accused absconded, after issuing warrant and steps under S.82 and 83 of Cr.P.C., the case was transferred to long pending cases as L.P. No.45/2015. ... ((2008) 4 SCC 649), it is contended by the learned counsel that the purpose for which attachment was ordered having been achieved, the #HL_STA....
No order was in existence directing the attachment of the property of the 1st accused or directing simultaneous publishing of proclamation and the attachment of the property after entering a satisfaction that the conditions as provided in the proviso to Section 83(1) exists. ... or part of the property from the local jurisdiction of the court that the attachment can be issued simultaneously with the proclamation. ... Thereafter, Section 83 provides for an order of #HL....
or any part of his property, to order attachment simultaneously with the issue of the proclamation. ... Raghbir Singh accordingly in his report requested that proclamation order under section 82 of the Code and attachment of the property under section 83 of the Code may be issued. He also attached with his report a list of movable and immovable property belonging to the accused. ... He accordingly by his order dated 7th April, 1977, directed that proclamation under section 82 of the Co....
On the afore-stated scheme and from the provisions of the Act referred supra, the prosecution under the Act and attachment and eventual confiscation proceedings are distinct proceedings and thereby separate procedures contemplated even in relation thereto for the reason either these two sets of proceedings may be initiated against the same person if he is accused of the offence of money-laundering or any one out of the two sets of proceedings. From the above, against transactions constituting money-laundering, the provisions of the Act contemplate two sets of proceedings; (a) prosecution for....
The purpose of the LOC is for securing the accused who has absconded for the purpose of investigation. In the present case the purpose for which the LOC was issued has been met. 5. There is nothing on record to show that the LOC was extended and even assuming that the LOC is extended, it is seen that pursuant to the LOC, when the petitioner had landed in India he was detained on the strength of the LOC and handed over to the Investigating Officer. In view of the fact that the petitioner was detained and handed over to the Investigating officer and when the purpose is achiev....
These two sets of proceedings may be initiated against the same person if he is accused of the offence of money-laundering. Even when a person is not so accused, the property in his possession may be proceeded against for attachment and confiscation, on a satisfaction by the appropriate and competent authority that such property constitutes proceeds of crime. The SAFEMA ; The NDPS Act, 1985 ; The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 ; and the Benami Transactions (Prohibition)
That, the Hon‘ble High Court of Karnataka in Smt. K. Sowbaghya vs. Union of India & Others, Writ Petition No.14649 of 2014 (GM-RES) connected with Writ Petition No.19732 of 2014 (GM-RES) dated 28-01-2016, has upheld the validity of Section 5 of the Act. Even when he not so accused, the property in his possession may be proceeded against for attachment or confiscation, on the satisfaction of the appropriate and competent Authority. 16. Referring to the provisions of Section 5(1), Section 8(3) and Section 8(6) of the Act, it was contended that prosecution under the Act, attac....
These two sets of proceedings may be initiated against the same person if he is accused of the offence of money- laundering. In our considered view, the provisions of the Act which clearly and unambiguously enable initiation of proceedings for attachment and eventual confiscation of property in possession of a person not accused of having committed an offence under Section 3 as well, do not violate the provisions of the Constitution including Articles 14, 21 and 300-A and are operative proprio vigore. Even when a person is not so accused, the property in his possession may be proce....
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