Bharatiya Nagarik Suraksha Sanhita, 2023
Section 84
Proclamation for person absconding
(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).
Why this exists
Courts cannot try someone who cannot be found, and criminal justice would stall if accused persons could simply vanish to avoid warrants. This provision, carried forward from Section 82 of the old Code of Criminal Procedure, gives courts a formal, publicly visible way to summon absconding persons one last time before taking stronger steps, such as attaching their property or, for serious crimes, branding them a proclaimed offender. Public reading, posting on the house, and courthouse display ensure real notice reaches the community and the family, not just a file in a court registry.
How courts read it
Under the predecessor provision (CrPC Section 82), courts consistently held that strict compliance with the publication steps is mandatory before an accused can be declared a proclaimed offender, because serious consequences — including trial in absentia in some special statutes and property attachment — flow from that status. Courts have quashed proclamations where police or courts skipped steps like affixing the notice at the person's residence or the courthouse. The 'conclusive evidence' clause has been read to mean that once the court's written compliance statement is on record, courts will not reopen the question of whether publication happened, though they may still examine whether the underlying 'reason to believe' the person was absconding was properly formed.
Common misconceptions
- Myth: Once someone is called a 'proclaimed offender,' it means they've been convicted of the crime.
Fact: Being declared a proclaimed offender only means the court has found the person is deliberately avoiding appearance in a serious case; it is not a finding of guilt and the trial on the actual charge is separate. - Myth: The court can declare anyone a proclaimed offender just for skipping one court date.
Fact: This status under sub-section (4) applies only when the offence is punishable with 10+ years, life imprisonment, or death, and only after the formal proclamation process and further inquiry. - Myth: Newspaper publication of the proclamation is compulsory in every case.
Fact: Newspaper publication under sub-section (2)(ii) is optional, left to the court's discretion; only the reading, house-posting, and courthouse-posting under sub-section (2)(i) are mandatory.