Who is a Proclaimed Offender?
If any Court has reason to believe that any person against whom a warrant
of arrest 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 30 days from the date of publishing such proclamation.
Where a proclamation published is in respect of a person accused of
certain specified heinous offences and such person fails to appear at
the specified place and time required by the proclamation may pronounce
him a ‘Proclaimed Offender’ and make a declaration to that
effect. s.82 CrPC
What are the offences for which the Court may declare an absconder
to be a Proclaimed Offender?
The Court may pronounce an absconder as a proclaimed offender if he
is accused of any of the following offences:
- Murder; Culpable homicide not amounting to murder
- Kidnapping or abducting in order to murder; Kidnapping or abducting
in order to subject person to grievous hurt, slavery etc.
- Committing theft after making preparation for death, hurt or restraint
in order to commit the theft; Committing robbery or attempting to
do so; Causing hurt in committing robbery; Committing dacoity/ dacoity
with murder; Committing robbery/dacoity with attempt to cause death
or grievous hurt; Attempting to commit robbery/dacoity when armed
with deadly weapon; Preparing to commit or assembling to commit dacoity;
Belonging to a gang of dacoits,
- Causing mischief by fire or explosive substance with intent to destroy
house, etc.
- Committing house-trespass in order to commit offence punishable
with death; Causing grievous hurt/death while committing lurking house-trespass
or house-breaking; Being member of group that causes grievous hurt/death
while committing lurking house-trespass or house-breaking by night
What is the language of the Proclamation?
PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED
Whereas complaint has been made before me that ______ (name, description
and address) has committed (or is suspected to have committed) the
offence of _______ punishable under ______ section of the Indian Penal
Code, and it has been returned to a warrant of arrest thereupon issued
that the said ________ (name) cannot be found, and whereas it has
been shown to my satisfaction that the said ________ (name) has absconded
(or is concealing himself to avoid the service of the said warrant);
Proclamation is hereby made that the said _______ of ________ is required
to appear at ________ (place) before this Court (or before me) to
answer the said complaint on the ________ day of _________
Dated, this _______ day of _______, 20___
(Seal of the Court) (Signature)
How is the Proclamation published?
The proclamation is published as follows: -
- It is publicly read in some conspicuous place of the town or village
in which such person ordinarily resides
- It is 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
- A copy of the proclamation is affixed to some conspicuous part of
the Court-house
Who can arrest a Proclaimed Offender?
The primary responsibility for securing the arrest of a proclaimed
offender rests with the police of the station in which he is a resident.
A Proclaimed Offender may, however, be arrested by any police officer
without any order from a Magistrate and without a warrant. Any private
person may arrest a PO and hand him over without unnecessary delay
to a police officer/ nearest police station.
What is the punishment for non-appearance in response to the proclamation
under section 82 of the Code of Criminal Procedure?
- Whoever fails to appear at the specified place and the specified
time as required by a proclamation by the Court of the type described
above is punishable with imprisonment for a term which may extend
to 3 years or with fine or with both, and
- Where a declaration has been made by the Court pronouncing him as
a proclaimed offender, he shall be punished with imprisonment for
a term which may extend to 7 years and shall also be liable to fine.
s. 174-A IPC
What are the duties of the Village Panchayat etc.?
Every member of the village panchayat, chowkidaar, numberdaar or the
officer employed in connection with the affairs of the village and
every person residing in the village must communicate to the nearest
magistrate / police station the resort to any place within or the
passage through such village of any person whom he knows or reasonably
suspects to be a proclaimed offender. As soon as a police station
receives intimation of the proclamation of a resident of its jurisdiction,
the sarpanch and chowkidaar of the village where the PO resides or
has relatives or friends that he is likely to visit, are informed
about the same.
Can a Proclaimed Offender’s property be attached?
The Court issuing a proclamation may order the attachment of any property
belonging to the proclaimed person in order to compel his appearance
before the Court. s. 83 CrPC
Is the harbouring of a PO punishable under law?
Yes, whoever knowingly harbours a proclaimed offender to prevent his
apprehension is liable to be punished under section 216 IPC with imprisonment
upto 7 years in certain cases.
Is the name of the PO displayed?
A list is hung up in the office of each police station and a duplicate
is displayed on the police station notice board of all proclaimed
offenders who are absconding in cases registered in the home police
station or in cases registered in other police stations, but resident
of or likely to visit the home police station. The names of all such
proclaimed offenders are also entered in the Police Station Register
No.10 (Surveillance Register). The CRO Branch of the SP Office maintains
a register of proclaimed offenders in two parts:
- Part I contains the names of all residents of the home district
irrespective of the districts in which proclaimed. The names shall
be entered according to the police station of which the proclaimed
offenders are resident.
- Part II contain the names of all offenders proclaimed in but not
resident of the district. These will be entered according to the district
of which they are said to be resident.
Are the lists of Proclaimed Offenders revised periodically?
The Superintendent of Police periodically revises the list of POs
and the names of persons accused of trivial offences or concerned
in cases where from lapse of time, no sufficient evidence is on record
or is procurable, are omitted after consultation with the District
Magistrate and the SP of the district in which such person was proclaimed.
Whenever a PO is arrested intimation is sent to the police station
and district of which he was a resident so that his name can be struck
off the register/list of POs. The name is likewise struck off on receipt
of intimation of the death of the proclaimed person.
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