The Bharatiya Nagarik Suraksha Sanhita, 2023
ARRANGEMENT OF SECTIONS
CHAPTER VI: PROCESSES TO COMPEL APPEARANCE
C - Proclamation and attachment
Section 84: Proclamation for person absconding.
Bare Act
Proclamation for Absconding Persons
(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:
- (i)
- (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
- (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
- (c) a copy thereof shall be affixed to some conspicuous part of the Court-house;
- (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.
(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence which is made punishable with imprisonment of ten years or more, or imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.
(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).
Simplified Act
Proclamation for Absconding Persons
(1) If a Court believes that a person, who has a warrant issued against them, is hiding or has run away so that the warrant cannot be served, the Court can issue a public notice. This notice will require the person to show up at a specific place and time, which must be at least thirty days after the notice is published.
(2) The notice must be made public in the following ways:
- (i)
- (a) It should be read out loud in a noticeable place in the town or village where the person usually lives.
- (b) It should be posted on a noticeable part of the person's house or in a noticeable place in the town or village.
- (c) A copy should be posted in a noticeable part of the Court building.
- (ii) The Cou… Read the complete text with KanoonGPT Pro.
Explanation using examples
Example 1:
Ravi, a resident of a small village in Maharashtra, is accused of embezzlement and a warrant is issued for his arrest. However, when the police go to execute the warrant, they find that Ravi has absconded and is hiding to avoid arrest. The court, having reason to believe that Ravi is deliberately avoiding the warrant, decides to issue a proclamation.
The court publishes a written proclamation requiring Ravi to appear at the local court in Pune on a specified date, which is 45 days from the date of the proclamation. The proclamation is publicly read at the village square, affixed to the door of Ravi's house, and posted on the notice board of the local court. Additionally, the court directs that the proclamation be published in a daily newspaper circulating in the village.
Despite these efforts, Ravi fails to appear at the specified time and place. Since the offense he is accused of is punishable with imprisonment of ten years, the court conducts an inquiry and declares Ravi a proclaimed offender. This declaration is also published in the same manner as the original proclamation.
Example 2:
Sunita, a businesswoman in Delhi, is accused of fraud involving a significant amount of money. A warrant is issued for her arrest, but she goes into hiding to evade the authorities. The court, suspecting that Sunita is absconding, issues a proclamation for her to appear in court.
The proclamation is read aloud at a busy market near Sunita's residence, posted on the gate of her apartment building, and displayed on the notice board of the local court. The court also orders the proclamation to be published in a widely-read daily newspaper in Delhi.
Sunita does not appear in court on the specified date, which is 30 days after the proclamation was published. Given that the fraud charge carries a potential sentence of more than ten years, the court holds an inquiry and subsequently declares Sunita a proclaimed offender. This declaration is also published in the same manner as the original proclamation, ensuring that the public is aware of her status.
