Lavesh v. State of Haryana

Facts

• The accused was declared a proclaimed offender under S.82 CrPC and his property was attached under S.83.
• He challenged the proceedings arguing that the required procedures were not followed: the proclamation was not published as mandated, and attachment was ordered before the stipulated period had expired.
• The court examined the mandatory nature of compliance with S.82-83 CrPC.

Issues

1. Whether the provisions of S.82-83 CrPC (S.84-85 BNSS) regarding proclamation and attachment are mandatory or directory?
2. What are the consequences of non-compliance with the prescribed procedure?

Held

• The provisions of S.82 CrPC (S.84 BNSS) regarding proclamation are mandatory:
• Proclamation must be published by affixture at a conspicuous place in the accused's residence
• Read in a conspicuous place of the town
• Published in a local newspaper (if court directs)
• The 30-day period prescribed in S.82 must expire before attachment under S.83 can be ordered.

Ratio Decidendi

Proceedings for proclamation and attachment of property of absconding accused are quasi-penal in nature. They affect fundamental rights and must therefore be strictly construed. Non-compliance with mandatory requirements renders the proceedings a nullity.