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PROCEEDINGS AGAINST ABSCONDERS
UNDER THE CODE OF CRIMINAL PROCEDURE, 1898 & VOLUME
III (CHAPTER 15) HIGH COURT RULES & ORDERS
Law on the Subject
Section 87 of The Code of Criminal Procedure, 1898:
Proclamation for Person Absconding:
(1) If any Court [is satisfied after taking evidence] that any person against whom a warrant
has been issued by it has absconded or is concealing himself so that such warrant cannot
be executed, such Court may publish a written proclamation requiring him to appear at
a specified place and at a specified time not less than thirty days from the date of
publishing such proclamation.
(2) The proclamation shall be published as follows:
(a) it shall be publicly read in some conspicuous place of the town or village in
which such person ordinarily resides ;
(b) it shall be affixed to some conspicuous part of the house or homestead in which
such person ordinarily resides or to some conspicuous place of such town or
village; and
(c) a copy thereof shall be affixed to some conspicuous part of the Courthouse.
(3) A statement in writing by the Court issuing the proclamation to the effect that the
proclamation was duly published on a specified day shall be conclusive evidence that
the requirements of this section have been complied with, and that the proclamation
was published on such day.
Analysis of Section 87 under Volume III (Chapter 15) High Court
Rules & Orders
Pre-requisites of Proclamation:
a- Issuance of Warrants: No proclamation can be issued under section 87 unless a
warrant has issued in the first instance.
b- Court has Reason to Believe: Court has reason to believe that the person against
whom proclamation was issued has absconded or is concealing himself.
c- Reason of Abscondence & Concealment: Person against whom proclamation was
issued has absconded or is concealing himself so that such warrant cannot be
executed.
d- Fixation of Date for Appearance: The proclamation must fix a date for appearance
of the person at a specified place.
e- Date of Not Less than 30 Days: Date for appearance must not be less than thirty
days from the date of the publication of the proclamation.
f- Date to be Calculated from Publication: Thirty days are to be calculated from the
date of the publication of the proclamation and not from the date of issuance of the
proclamation.
g- Manner of Publication of Proclamation: The proclamation must be published in
the manner specified in sub-section (2) of section 87.
h- Statement Regarding Due Publication to Record: The Court should be careful to
record the statement as regards the due publication of the proclamation as required
by subsection (3) of section 87.
Manner of Publication of Proclamation:
a- Publicly Reading of Proclamation: Proclamation shall be publicly read in
some conspicuous place of the town or village in which such person ordinarily
resides.
b- Reading in Some Conspicuous Place: Proclamation shall be read in some
conspicuous place of the town or village of the person for whom proclamation
has been issued.
c- Reading of Proclamation at Ordinary Place of Residence: Proclamation
shall be read at the town or village in which such person ordinarily resides.
d- Affixation of Proclamation at Some Conspicuous Part: Proclamation shall
be affixed to some conspicuous part of the house or homestead in which such
person ordinarily resides or to some conspicuous place of such town or village.
e- Affixation of Proclamation at Courthouse: A copy of proclamation shall be
affixed to some conspicuous part of the Courthouse.
Requirements for Conclusive Proof of Publication of Proclamation:
a- In Writing Statement: There should be a statement in writing by the Court.
b- The Court issuing the proclamation: A statement should be from a Court who has
issued such proclamation.
c- Contents of Statement: The statement should be to the effect that the proclamation
was duly published on a specified day and the requirements of Section 87 have been
duly complied with.
Sample of Proclamation requiring the Appearance of A
Person Accused
(Under Section 87)
WHEREAS complaint has been made before me that (name, description and address) has committed
(or is suspected to have committed) the offence of, punishable under section of the Pakistan Penal Code,
and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found,
and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing
himself to avoid the service of the said warrant) ;
Proclamation is hereby made that the said of is required to appear at (place) before this Court (or before
me) to answer the said complaint 4[on the day of].
Dated____________________ this _____________________________day of _________________.
(Seal.) (Signature)
----------------------------------------------------------------------------------

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Process of Proclamation agaisnt Absconders.pdf

  • 1. PROCEEDINGS AGAINST ABSCONDERS UNDER THE CODE OF CRIMINAL PROCEDURE, 1898 & VOLUME III (CHAPTER 15) HIGH COURT RULES & ORDERS Law on the Subject Section 87 of The Code of Criminal Procedure, 1898: Proclamation for Person Absconding: (1) If any Court [is satisfied after taking evidence] that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows: (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides ; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; and (c) a copy thereof shall be affixed to some conspicuous part of the Courthouse. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. Analysis of Section 87 under Volume III (Chapter 15) High Court Rules & Orders Pre-requisites of Proclamation: a- Issuance of Warrants: No proclamation can be issued under section 87 unless a warrant has issued in the first instance.
  • 2. b- Court has Reason to Believe: Court has reason to believe that the person against whom proclamation was issued has absconded or is concealing himself. c- Reason of Abscondence & Concealment: Person against whom proclamation was issued has absconded or is concealing himself so that such warrant cannot be executed. d- Fixation of Date for Appearance: The proclamation must fix a date for appearance of the person at a specified place. e- Date of Not Less than 30 Days: Date for appearance must not be less than thirty days from the date of the publication of the proclamation. f- Date to be Calculated from Publication: Thirty days are to be calculated from the date of the publication of the proclamation and not from the date of issuance of the proclamation. g- Manner of Publication of Proclamation: The proclamation must be published in the manner specified in sub-section (2) of section 87. h- Statement Regarding Due Publication to Record: The Court should be careful to record the statement as regards the due publication of the proclamation as required by subsection (3) of section 87. Manner of Publication of Proclamation: a- Publicly Reading of Proclamation: Proclamation shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides. b- Reading in Some Conspicuous Place: Proclamation shall be read in some conspicuous place of the town or village of the person for whom proclamation has been issued. c- Reading of Proclamation at Ordinary Place of Residence: Proclamation shall be read at the town or village in which such person ordinarily resides. d- Affixation of Proclamation at Some Conspicuous Part: Proclamation shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village. e- Affixation of Proclamation at Courthouse: A copy of proclamation shall be affixed to some conspicuous part of the Courthouse.
  • 3. Requirements for Conclusive Proof of Publication of Proclamation: a- In Writing Statement: There should be a statement in writing by the Court. b- The Court issuing the proclamation: A statement should be from a Court who has issued such proclamation. c- Contents of Statement: The statement should be to the effect that the proclamation was duly published on a specified day and the requirements of Section 87 have been duly complied with. Sample of Proclamation requiring the Appearance of A Person Accused (Under Section 87) WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of, punishable under section of the Pakistan Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found, and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) ; Proclamation is hereby made that the said of is required to appear at (place) before this Court (or before me) to answer the said complaint 4[on the day of]. Dated____________________ this _____________________________day of _________________. (Seal.) (Signature) ----------------------------------------------------------------------------------