Back
Next

12. How are proclamation and attachment used to enforce compliance with court orders? (Secs 84 to 89)

  • Issuance of Proclamation: Proclamation is issued when an accused person fails to respond to summons or warrants.
  • Public Notice: It is a public notice declaring the individual as a fugitive.
  • Publication: Proclamations are published in newspapers or displayed at the accused’s last known address.
  • Attachment of Property: Attachment of property is ordered if the accused continues to evade legal proceedings.
  • Seizure of Assets: The court may seize or freeze assets like land, vehicles, or bank accounts.
  • Prevention of Benefit: Property attachment prevents the accused from benefiting while avoiding justice.
  • Sale of Attached Property: Sale of attached property can cover legal costs or compensate victims.
  • Right to Challenge: Accused individuals can challenge attachments in court if done unfairly.
  • Ensuring Accountability: These measures ensure accountability and compliance with legal procedures.
  • Last Resort: Proclamations and attachments are used as a last resort to enforce court orders.
  • Transparency and Fairness: Courts maintain transparency and fairness while issuing these orders.
  • Prevention of Misuse: Misuse of these provisions is preventable through judicial oversight.
  • Example: In Rajendra Kumar v. State of MP, the court upheld the use of proclamation and attachment to ensure compliance and deter evasion of justice.
Back
Next