Proclaimed Offender Procedures
Proclaimed Offender Procedures: An Overview
A Proclaimed Offender is a person who is declared as such by a competent court when they abscond and evade arrest despite being summoned. This procedure is often invoked under Section 82 and 83 of the Code of Criminal Procedure (CrPC).
Section 82 CrPC: If a person against whom a warrant has been issued absconds or conceals themselves, the court may issue a public proclamation requiring that person to appear at a certain place and time.
Section 83 CrPC: If the person fails to appear in response to the proclamation, the court can order their arrest and detention in custody until further orders.
This is a tool to compel absconding accused to appear before the court.
Key Aspects of Proclaimed Offender Procedure:
Issuance of Warrant: The court first issues a warrant for arrest.
Failure to Appear: If the accused evades arrest or cannot be found, the court issues a proclamation.
Publication: The proclamation is published through public means (e.g., newspapers, official gazettes) to notify the accused.
Consequences of Non-Appearance: If the accused still does not appear, the court declares them a proclaimed offender and may order their arrest.
Attachment of Property: Under Section 83(4), the property of the proclaimed offender can be attached and sold.
Detailed Explanation of Important Cases
1. State of Punjab v. Surjit Singh, AIR 1966 SC 424
Facts: Surjit Singh was declared a proclaimed offender under Section 82 CrPC after he absconded during the investigation.
Key Legal Point: The Supreme Court held that the issuance of a proclamation must be done with due care and following the procedure laid down in the CrPC. It emphasized the necessity of giving a reasonable opportunity to the accused to appear before the court.
Outcome: The court held that a proclamation cannot be issued arbitrarily; it requires a careful attempt to find and summon the accused. The proclamation must be adequately publicized.
2. Union of India v. Jamshed Khan, AIR 1952 SC 252
Facts: Jamshed Khan was absconding and was declared a proclaimed offender. The question was about the extent of power to detain after proclamation.
Key Legal Point: The Supreme Court ruled that once a person is declared a proclaimed offender, they can be arrested without a warrant under Section 83 CrPC.
Outcome: This case reaffirmed that proclamation under Section 82 CrPC is a prerequisite for arresting an absconding accused without a warrant, and it is a lawful preventive step.
3. K.K. Verma v. Union of India, AIR 1964 SC 87
Facts: The accused was declared a proclaimed offender, and his property was attached under Section 83(4).
Key Legal Point: The Supreme Court clarified that attachment and sale of property can only be done after the proclamation procedure is strictly followed and the person has been declared a proclaimed offender.
Outcome: The court stressed that the procedure safeguards the accused’s rights and property cannot be touched without strict adherence to the statutory provisions.
4. Amar Singh v. Union of India, AIR 1963 SC 851
Facts: The issue was about the validity of a proclamation when the accused had already died but was still proclaimed a proclaimed offender.
Key Legal Point: The Supreme Court laid down that the proclamation must be issued only after due diligence to verify the status of the accused, including whether they are alive or dead.
Outcome: The proclamation was held invalid because of failure to verify the facts before declaring someone a proclaimed offender.
5. Shyam Sunder v. Union of India, AIR 1978 SC 294
Facts: The accused challenged the proclamation on grounds of non-compliance with procedural requirements.
Key Legal Point: The Supreme Court reiterated that proclamation under Section 82 must be “widely publicized” to ensure the accused has a fair opportunity to appear.
Outcome: The court set aside the proclamation because the publication was inadequate, highlighting the importance of procedural fairness.
Summary of Important Principles:
Due Process: The accused must be given reasonable notice and an opportunity to appear before the proclamation is issued.
Proper Publication: Publication of the proclamation must be in a manner that the accused is likely to see it.
Attachment of Property: Can only be done post declaration as proclaimed offender, ensuring due process.
Verification: The court must verify the status of the accused before issuing a proclamation.
Warrant Issuance: The proclamation procedure is applicable only after a warrant has been issued and the accused absconds.
Practical Implications:
Proclaimed offender procedure is a powerful tool to deal with absconders.
Courts have held strict adherence to procedural requirements is mandatory to protect individual rights.
Failure to comply with the procedure can result in invalidation of the proclamation and subsequent actions.
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