Section 84 of BNSS : Section 84: Proclamation for person absconding.

Explanation using Example

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.