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PROCLAMATION AND ATTACHMENT

PROCLAMATION AND ATTACHMENT :

Where a warrant remains unexecuted, the Code provides for two remedies:

(1) issuing a proclamation (Section 82); and

(2) attachment and sale of property (Section 83).

If a Court has reason to believe 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, the Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than 30 days from the date of publishing such proclamation. (Section 82)

While issuing proclamation, the Magistrate must record to his satisfaction that the accused has absconded or is concealing himself. The object of attaching property is not to punish him but to compel his appearance.

 

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