All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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78.

Proclamation for person absconding shall be published as follows:


(i) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(ii) 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;

(iii) A copy thereof shall be affixed to some conspicuous part of the Court-house;

(iv) The Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
A: Only ii, iii, iv are correct.
B: Only ii and iii are correct.
C: Only i, iii, iv are correct.
D: All i, ii, iii, iv are correct.

The answer is: D

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Explanation

The correct answer is D: All i, ii, iii, iv are correct.

Explanation:

According to Section 82(2) of the Code of Criminal Procedure, 1973, a proclamation for person absconding shall be published as follows:

- It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

- 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;

- A copy thereof shall be affixed to some conspicuous part of the Court-house;

- The Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

Therefore, all the four options given are correct ways of publishing a proclamation for person absconding. This is done to ensure that the person against whom the warrant has been issued is made aware of the same and is given an opportunity to appear before the court