CrPC S. 82, 83, and 174 – Action Against Witnesses who do not appear inspite of notices – Proceedings can be taken to declare them as Proclaimed offender – Directions issued by P&H High Court in 2022 PLRonline 0597 to all D&S Judges/ DGP, set aside. [ (2023-4) PLR 291 (SC)]

CrPC S. 82, 83, and 174 – Action Against Witnesses

1. Legal Provisions Involved:
   • The case pertains to the interpretation of Sections 82, 83, and 174 of the Criminal Procedure Code, 1973, particularly regarding whether action under these sections can be taken against a witness or if they are exclusive to accused persons.
2. Scope of Sections 82 and 83:
   • Sections 82 and 83 of the CrPC outline the procedures to be followed after the issuance of summons. If a summons is not complied with, these sections provide for the issuance of a proclamation and subsequent attachment concerning the person to whom the proclamation is issued.
3. Relevance of Forms and Provisions:
   • The court referred to Forms 5 and 6, which are pertinent in the context of these provisions, along with the significant aspects of Sections 83 and 174A of the CrPC.
4. (2023-4)212 PLR 291 (SC) setting aside directions in 2022 PLRonline 0597 
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