Procedure for declaring a person as Proclaimed Offender in BNSS 2023
Procedure for Declaring a Person as Proclaimed Offender under BNSS 2023
What is a Proclaimed Offender?
A Proclaimed Offender is a person who, despite being summoned or notified by the court or police in connection with a criminal case, absconds or deliberately evades arrest.
The law provides a mechanism to declare such a person as a Proclaimed Offender to bring him/her within the court’s jurisdiction forcibly.
Statutory Provisions (General Overview under CrPC & BNSS 2023)
While BNSS 2023 is a newer regulatory framework with amendments in criminal procedure, the fundamental principles on proclamation of offenders are largely consistent with Section 82 and 83 of the CrPC:
Section 82 CrPC: Proclamation for person to appear before court or police.
Section 83 CrPC: Power to arrest the proclaimed offender.
Under BNSS 2023, these provisions have been updated to streamline the procedure, improve judicial oversight, and prevent misuse.
Stepwise Procedure Under BNSS 2023
Reasonable Cause for Non-Appearance
The court or police officer must be satisfied that the accused or person against whom warrant/summons have been issued intentionally avoids appearance without sufficient cause.
Issue of Proclamation Notice
The court or designated authority issues a public proclamation notice specifying the details of the accused, the case, and requiring the person to appear within a specified time (usually 30 days).
This notice is published in newspapers or conspicuous places where the person is likely to be found, ensuring wide publicity.
Inquiry or Hearing Before Proclamation
The accused is given an opportunity to show cause or present any reasonable excuse for non-appearance.
The court examines evidence regarding attempts to arrest or summon the accused.
Declaration as Proclaimed Offender
If the accused still fails to appear after the stipulated time, and the court is convinced that the person deliberately absconds, the court declares the person as a Proclaimed Offender.
A proclamation order is passed and recorded in the case records.
Issue of Warrant for Arrest
After declaration, the court issues a warrant for arrest.
Police are empowered to arrest the proclaimed offender wherever found.
Attachment and Sale of Property (Optional)
Under certain circumstances, the court may order attachment of the person’s property to ensure compliance.
This is a civil remedy ancillary to the criminal proceedings.
Judicial Safeguards Under BNSS 2023
Mandatory Hearing: The court must conduct a hearing before issuing the proclamation.
Reasoned Order: The proclamation must be issued by a reasoned judicial order, ensuring no arbitrary declarations.
Limitation on Time: The time given in the notice must be reasonable (typically 30 days).
Right to Legal Representation: The proclaimed offender has the right to be represented legally once caught or appearing later.
Important Case Laws Interpreting Proclamation of Offenders
K.K Verma v. Union of India, AIR 1951 SC 241
The Supreme Court held that before declaring a person as a proclaimed offender, the court must be satisfied that reasonable efforts were made to serve summons or arrest warrants.
There must be sufficient proof of the person’s deliberate evasion.
Shobha Rani v. Madhukar Reddi, (1988) 4 SCC 226
The Court clarified that proclamation is a serious step and cannot be issued merely because the accused fails to appear once or twice.
The court must ensure that the accused is deliberately avoiding the process of law.
Ranjit Singh v. State of Punjab, AIR 1964 SC 512
The Court reiterated that the accused’s non-appearance must be willful, and the proclamation order must not be used to harass or victimize the accused.
State of Maharashtra v. M.H. George, AIR 1965 SC 722
Police and courts must demonstrate that all possible efforts to locate and summon the accused have failed before issuing a proclamation.
Summary of the Doctrine and Practical Impact
Declaring someone as a Proclaimed Offender is not automatic but a judicial process with safeguards.
BNSS 2023 has emphasized due process, judicial oversight, and transparency in issuing proclamations.
The process protects the rights of the accused while allowing the state to effectively deal with absconders.
The proclamation serves as a public notice and authorizes forcible arrest.
Courts must balance the interest of justice with protection of individual liberty.
RELATED Blog
0 comments