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Recalling Section 82 & 83 CrPC Steps: A Comprehensive Legal Guide
In criminal proceedings, Sections 82 and 83 of the Code of Criminal Procedure (CrPC), 1973, are powerful tools used when an accused is believed to be absconding. Section 82 allows courts to issue a proclamation requiring the accused to appear, while Section 83 permits attachment of their property if they fail to comply. But what if these steps were taken prematurely or circumstances change? Recalling 82 83 steps taken becomes crucial for the accused to resume normal proceedings, seek bail, or challenge wrongful declarations.
This guide draws from landmark judgments and practical insights to explain the process, grounds, and strategies. Note: This is general information based on case law; consult a lawyer for case-specific advice, as outcomes vary.
Understanding Sections 82 and 83 CrPC
What Triggers These Provisions?
- Section 82 CrPC: Issued after a non-bailable warrant (NBW) if the court has reason to believe the accused is absconding or concealing themselves to avoid execution of the warrant. The proclamation is published in a conspicuous place and newspapers, giving 30 days to appear.
- Section 83 CrPC: If the accused doesn't appear post-proclamation, their property can be attached to compel appearance. This is a coercive measure, not a punishment.
Courts invoke these only after satisfying prerequisites like prior summons/NBW issuance and evidence of absconding—not mere non-appearance. In one case, the court emphasized, Sine qua non for initiation of action under Section 82, Cr. PC is prior issuance of warrant of arrest by Court concerned. Srikant Upadhyay VS State of Bihar - 2024 3 Supreme 39
Common Scenarios
- Accused abroad or unaware of proceedings.
- Medical emergencies causing absence.
- Improper service of summons leading to wrongful proclamation.
Grounds for Recalling 82/83 Steps
Recalling is discretionary but guided by principles of natural justice. Key grounds include:
- Appearance or Surrender: Once the accused appears, courts often recall processes. The petitioner is directed to surrender before the court below and to prefer applications for recalling steps initiated under Sections 82 and 83. CHANDRABOSE vs STATE OF KERALA - 2018 Supreme(Online)(KER) 44858
- Acquittal or Case Disposal: Post-acquittal, attachments must be lifted. In a case, the court directed expedited review of recall application after acquittal. THILESH K. T. Vs THE STATE OF KERALA - 2020 Supreme(Online)(KER) 41675
- Lack of Proper Service: No proclamation without proof of summons service. The petitioner was never served with the summons and did not abscond or conceal himself. Prosecution under Section 174A IPC quashed. Sunil Tyagi VS Govt Of NCT Of Delhi - 2021 Supreme(Del) 1900
- Medical or Valid Reasons: Supported by certificates, courts grant opportunities. Warrants kept in abeyance for surrender. ALI NARIKUNNAN vs SHANAVAS C. T - 2023 Supreme(Online)(KER) 8410
- Procedural Irregularities: No 30-day wait post-proclamation before attachment, or no reason/material for Section 83. One court quashed Section 83 order due to flaws. Saraswati Mandal, W/o Dulal Mandal VS State of Jharkhand - 2017 Supreme(Jhk) 1586
- No Intent to Abscond: Mere delay or lawyer appearance doesn't justify. Power under Section 205 CrPC for exemption can be invoked anytime. SANTANU KR. PARIDA VS STATE OF ORISSA - 1999 Supreme(Ori) 356
In high-profile cases like the Indira Gandhi assassination trial, courts scrutinized trial venue and openness but upheld processes where justified. Kehar Singhs VS State (Delhi Administration) - 1988 Supreme(SC) 475
Procedure to Recall 82/83 Steps
- File Application: Before the issuing magistrate/sessions court under Section 482 CrPC (inherent powers) or directly for recall. Include affidavits proving non-absconding.
- Surrender First: Many courts condition recall on surrender. The petitioner may also move appropriate application for dropping of proceedings initiated under section 82 and 83. BIJOY VARGHESE Vs M.R.RAHITH - 2013 Supreme(Online)(KER) 15953
- Seek Bail Simultaneously: Post-recall, apply for regular/anticipatory bail. But proclaimed offenders lose anticipatory bail eligibility. If anyone is declared as an absconder/proclaimed offender in terms of Section 82 Cr.P.C., he is not entitled to relief of anticipatory bail. Srikant Upadhyay VS State of Bihar - 2024 3 Supreme 39
- Challenge via Revision/Writ: Under Sections 397/401 CrPC or Article 226 Constitution if magistrate errs.
- Property Release: Under Section 84 CrPC, claim interest in attached property.
In Parliament attack case, confessions and processes were rigorously tested, but recall focused on procedural compliance. State (N. C. T. Of Delhi) VS Navjot Sandhu @ Afsan Guru - 2005 5 Supreme 414
Timeline Expectations
- Courts direct expeditious disposal: e.g., within one week post-acquittal. THILESH K. T. Vs THE STATE OF KERALA - 2020 Supreme(Online)(KER) 41675
- Coercive steps stayed pending hearing if prima facie case shown.
Landmark Case Insights
- Indira Gandhi Murder Case: Trial in Tihar Jail upheld under Section 9(6) CrPC; open trial principles applied despite restrictions. Processes valid if not excluding public. Kehar Singhs VS State (Delhi Administration) - 1988 Supreme(SC) 475
- Bofors Case: Court refrained from observations affecting investigation merits, quashing suo motu cognizance under Sections 397/482. Janata Dal: Janata Dal: Harinder Singh Chowdhary: Janata Dal: Communist Party Of India (Marxist) : Indian Congress (Socialist) By General Secretary: Union Of India: Union Of India: P. Nalla Thampy Thera VS H. S. Chowdhary: H. S. Chowdhary: Union Of India: H. S. Chowdhary: H. S. Chowdhary: H. S. Chowdhary: H. S. Chowdhary: Honble High Court Of Delhi: Union Of India - 1992 Supreme(SC) 581
- Parliament Attack (Mohd. Afzal): Confessions under POTA scrutinized; processes upheld with safeguards. Secondary evidence like call records admissible. State (N. C. T. Of Delhi) VS Navjot Sandhu @ Afsan Guru - 2005 5 Supreme 414
- Recent HC Rulings: Property attachment improper for 'missing' not 'absconding'. SAINABA Vs THE DISTRICT COLLECTOR & OTHERS - 2008 Supreme(Online)(KER) 29881 Quashing if no deliberate evasion. Rajendra Kumar Gupta VS State of Jharkhand - 2013 Supreme(Jhk) 219
These illustrate courts balance coercion with rights, often recalling if no deliberate defiance.
Challenges and Tips
- Proclaimed Offender (PO) Status: Under Section 174A IPC, attracts separate punishment. Recall PO declaration first.
- Surety Bonds: Forfeiture under Section 446 if accused absconds; recall possible post-appearance.
- Delay/Laches: Courts dismiss if unexplained delay. Nar Singh Pandey VS State Of Bihar - 1997 Supreme(Pat) 872
Tips:
- Act promptly upon knowledge.
- Gather proof (travel docs, medical records).
- Engage counsel for simultaneous bail/recall.
- Avoid further absence to prevent escalation.
Key Takeaways
- Recalling 82 83 steps taken is viable on appearance, valid reasons, or procedural lapses.
- Courts prioritize justice: e.g., acquittal mandates release. SHAMBHOO NATH VS STATE OF U. P. - 2009 Supreme(All) 2619
- No automatic right; show cause why not absconding.
- In bailable offenses, bail easier post-recall. Oseela Abdul Khader VS State of Kerala - 2012 Supreme(Ker) 715
Important Disclaimer
This article provides general insights from case law like Kehar Singhs VS State (Delhi Administration) - 1988 Supreme(SC) 475, State (N. C. T. Of Delhi) VS Navjot Sandhu @ Afsan Guru - 2005 5 Supreme 414, and others. Legal outcomes depend on facts; this is not legal advice. Always seek professional counsel. Laws evolve—verify current position.
For more on CrPC procedures, stay tuned to our blog.
Search Results for "Recalling Section 82 & 83 CrPC Steps: Legal Guide"
1992 0 Supreme(SC) 581 • India - Supreme Court
K.JAYACHANDRA REDDY, S.R.PANDIAN
While moving the motion, the Minister on 3rd August 1987 after recalling the whole. sequence of events stated inter alia as follows ... ... 82. ... ... 83. In Fertilizer Corporation Union v.
1994 0 Supreme(SC) 1 • India - Supreme Court
S.C.AGRAWAL, R.M.SAHAI, M.M.PUNCHHI, K.RAMASWAMY, S.R.PANDIAN
139-A and 20(3) - Northern Ireland (Emergency Provisions) Act of 1973 - Indian Evidence Act, 1872 - Criminal Law Act of 1973 - Section ... 9 of the Code of Criminal Procedure Act, 1976 by which Legislative Assembly of Uttar Pradesh has deleted Section 438 of Code of ... ) Act and Terrorists and Disruptive Activities Act, 1987 - Commonly known as TADA Acts - Challenging constitutional validity of Section ... trial and trial of warrant cases, the accused is given a discretionary right of deferring the cross examination of any witness or #HL....
1981 0 Supreme(SC) 511 • India - Supreme Court
A.C.GUPTA, V.D.TULZAPURKAR, S.MURTAZA FAZAL ALI, R.S.PATHAK, P.N.BHAGWATI, D.A.DESAI, E.S.VENKATARAMIAH
And recalling the amendment made to Section 220, paragraph (c) of the proviso to Ss. (2) by the 1944 Act while retaining the word ... Recalling Article 217(1) which confers power on the President to appoint a Judge of the High Court, one can say without the fear ... In 1956 it was felt that the provision for recalling retired High Court Judges to function on the bench for short periods (loosely
1988 0 Supreme(SC) 475 • India - Supreme Court
G.L.OZA, K.JAGANNATHA SHETTY, B.C.RAY
9, sub-clause (6), Cr. ... Guilt proved even if confession not taken into account. ... Bimbla Khalsa from their company and conversation; his secret talk with Beant Singh followed by taking meals together with Satwant ... I on recalling earlier talk realised on 24-11-1984 that the assassination of Mrs. ... The steps were taken to amend the Commissions of Inquiry Act. ... ... 82.
2005 5 Supreme 414 • India - Supreme Court
P.VENKATARAMA REDDI, P.P.NAOLEKAR
That is why the non-obstante clause. ... We also agree with the High Court that such confessions cannot be taken into consideration by the Court under Section is a salutary provision which lays down certain precautionary rules to be followed by the Magistrate a confession so as to ensure ... It is therefore submitted that the steps required to be taken under sub-Sections (4)&(5) were taken. ... In fact, he took active part in a series of steps #HL_S....
2021 0 Supreme(Jhk) 1105 • India - Jharkhand
ANUBHA RAWAT CHOUDHARY
Cr.P.C. and setting aside the issuance of process under Section 83 of Cr.P.C. ... The petitioner contested the issuance of process under Sections 82 and 83 of Cr.P.C. ... under Section 82 of Cr.P.C. ... under Section 82 of Cr.P.C. was issued and also challenge to order dated 15.10.2015 whereby process under Section 83 of Cr.P.C. ... process und....
2013 0 Supreme(Jhk) 219 • India - Jharkhand
R.R.PRASAD
WARRANT - Criminal Procedure - Section 82, Section 83 of the Cr PC - [Section 82, Section 83 of the Cr PC] - The court discussed ... the issuance of warrant of arrest and processes under Section 82 and 83 of the Cr PC. ... The key legal provisions of Section 82 and 83 were interpreted in the context of the petitioner's alleged evasion of arrest....
2009 0 Supreme(All) 2619 • India - Allahabad
SHRI KANT TRIPATHI
on date fixed—Trial Court issued coercive process against him—Including a non-bailable warrant and proclamation under Section 82 ... and attachment order under Section 83 of Cr.P.C. ... Criminal Procedure Code, 1973—Sections 482, 82, 83, 299, 421, 401 and 446—(Indian) Penal Code, 1860—Sections 459, 380 and 411—Forfeiture ... 82, Cr.P.C. and attachment order under Section 83, Cr.P.C. ... to know the order dated 22.9....
2017 0 Supreme(Jhk) 1586 • India - Jharkhand
RONGON MUKHOPADHYAY
Additionally, the court quashed the order for process under section 83 Cr.P.C. due to procedural flaws. ... under section 83 Cr.P.C. ... under section 83 Cr.P.C. ... Subsequently, office was directed to recall the process under section 83 Cr.P.C. but as has been submitted by the learned counsel ... for issuance of process under section 83 Cr.P.....
2008 Supreme(Online)(KER) 29881 • India - High Court of Kerala
V.RAMKUMAR, J
Quash - Property Attachment - Cr.P.C Section 82, 83 - The court held that property attachment under Cr.P.C. is improper if the ... 83 Cr.P.C was justified. ... Issues: Whether the Magistrate rightly treated the husband of the petitioner as absconding and if the property attachment under section ... taken under Section 82 and 83 Cr.P.C. ... It is not discernible as to how even before the completion of steps under #H....
2020 Supreme(Online)(KER) 41675 • India - High Court of Kerala
ASHOK MENON, J
The petitioner filed Ext.P1 application before the Additional Sessions Court, Irinjalakuda, for recalling the steps under Section 82, 83 Cr.P.C as Crl.M.P No.16/2020. ... his appearance under Section 82, 83 Cr.P.C. ... However, while the petitioner was absconding prior to the trial, coercive steps of the Section 82, 83 Cr.P.C, had been initiated against him. ... The learned Sessions Judge has not passed any order, as a result of whi....
1999 0 Supreme(Ori) 356 • India - Orissa
P.K.MISRA
Since there was no justification for taking steps u/s 82, there was no scope for invoking the power u/s 83, Cr.P.C. and as such the action of the Sub-Divisional Judicial Magistrate in taking steps under Sections 82 and 83, Cr.P.C. cannot be sustained. ... At that stage, the present petitioner appeared through his lawyers and filed application u/s 205, Cr.P.C. for dispensing with the personal attendance and for recalling the N.B.W. and the process issued Under Sections....
2016 Supreme(Online)(KER) 35023 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
After having heard the rival submissions and taking note of the facts and circumstances, the petitioner is directed to surrender before the court below and to prefer applications for recalling steps initiated under Sections 82 and 83 of the Code, recalling of warrant and also for grant of bail, with ... Proceedings under Sections 82 and 83 of the Code of Criminal Procedure has also been initiated against him. Apprehending arrest and detention in execution of the warra....
• India - High Court of Jharkhand - Principal Bench Jharkhand
No. 3131 of 2016 on 05.08.2016 and on 08.09.2016 the the counsel for the petitioner made prayer that 82 and 83 process have been issued and petitioner to take steps for bail or avail other remedy. ... The quashing application was taken on 28.09.2016 and the petitioner limited the prayer only to the extent of challenging the order Invoking provision under section 482 Cr.P.C, this application has been filed on behalf of the petitioner Amit Mishra @ Amit Kumar Mishra for recalling
2013 Supreme(Online)(KER) 15953 • India - High Court of Kerala
C.T.RAVIKUMAR, J
A Non-Bailable warrant has now been issued against the petitioner and that apart, steps under Section 82 and 83 of the Code of Criminal Procedure have also been initiated. ... The petitioner may also move appropriate application for dropping of proceedings initiated under section 82 and 83, Cr.P.C. or if properties were attached for its release before that court. ... The short prayer of the petitioner is that he may be permitted to surrender before the Court of the Judicial First Class Magistrate-II, ....
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