Crpc

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The definition of "Judicial Proceeding"is given under the section of 2(i) of Cr.pc, includes any proceeding in the course of which evidence is or may be legally taken on oath.A judicial proceeding is a step in the lawful administration of justice,in which evidence may be legally recorded for the decision of the matter in issue in the case,or of any question necessary for the decision or final disposal of such matter.Under section 83 of the crpc the court is legally authorized to issue the order for attachment  of property of person absconding for the administration of justice.

Hence,the proceeding under section 83 is a judicial proceeding[ Hameed v.State,AIR 1957 All121].https://www.section83ajudicialproceeding.com

 

 

 

As per your concern, let me inform you that the term “judicial proceeding” can generally be defined as any proceeding over which a judge presides.
Essentially, the precise definition of judicial proceeding varies depending on the jurisdiction and may include quasi-judicial proceedings.

In general, a judicial proceeding is any action brought before a court of law which is presided over by a judge. Thus, one could say that a judicial proceeding is initiated by a party's request for remedial action to be taken by another.

Basically, the Section 83 of the Code Of Criminal Procedure (CrPC), 1973 deals with - "Attachment of Property of person absconding".

This section states the following :—
(1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person: Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to, be issued,-
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove, the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation.

(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall
authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district which the land is situate, and in all other cases-
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live- stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.

(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908 ).

Henceforth, in simple terms any proceeding under section 83 CrPC would also be treated as judicial proceeding.


Hope It Helps!

Regards,
Kevin M. Paul