Which of the following is correct statement of law as per Sections 82 and 83 of the Code of Criminal Procedure 1973?

Solution (By Examveda Team)

Before explaining the correct option, let's define the key term: Proclaimed Offender. A proclaimed offender is a person against whom a warrant of arrest has been issued but who cannot be found. Section 82 of the Code of Criminal Procedure, 1973 (CrPC) deals with the procedure for declaring a person a proclaimed offender.

Section 82 CrPC empowers the court to issue a proclamation calling upon the accused to appear before it. If the accused fails to appear despite the proclamation, the court may declare him a proclaimed offender.

Section 83 CrPC deals with the attachment of the property of a proclaimed offender. The court may order the attachment of the property of a person after he has been declared a proclaimed offender under Section 82. This is done to ensure that the accused's property is available to meet any fine or compensation that may be imposed if he is convicted.

Now let's analyze the options:
Option A: Incorrect. The court cannot order attachment of property before declaring the accused a proclaimed person. The attachment happens after the proclamation and declaration under Section 83.

Option B: Correct. This option accurately reflects the procedure. Attachment of property is possible only after the publication of the proclamation under Section 82 and the subsequent declaration of the person as a proclaimed offender.

Option C: Incorrect. The attachment of property is contingent upon the declaration of the person as a proclaimed offender under Section 82. The court cannot attach property arbitrarily without following due process.

Option D: Incorrect because Option B is the correct statement of law.