Punjab and Haryana HC issues guidelines for declaring a person as ‘proclaimed offender’
The High Court noted that declaring a person an offender has serious consequences for personal liberty.
2 min read
The HC issued the guidelines for declaring any person a proclaimed offender, one of which states that, before issuing proclamation, the court must document its efforts through summons or warrants for securing accused's presence. (File photo) The Punjab and Haryana High Court has issued detailed guidelines for courts and police regarding procedures for declaring a person a ‘proclaimed offender’ under Section 82 of the Criminal Procedure Code.
The guidelines were issued by the bench of Justice Arun Monga while allowing a petition filed by one Pardeep Kumar. He had sought quashing of an FIR registered against him under Section 174A IPC after a lower court declared him ‘proclaimed offender’.
Examining the case records, the High Court found deficiencies in the proceedings against the petitioner. The requirements for issuing a proclamation for appearance and publishing it were not fully followed. The Court quashed the FIR as well as the orders declaring the petitioner an offender.
The High Court noted that declaring a person an offender has serious consequences for personal liberty. Attachment and sale of property can be ordered. Criminal liability arises under Section 174A IPC with punishment upto 7 years. Hence strict compliance of the law is must.
The HC issued the following guidelines for declaring any person a proclaimed offender are:
– Before issuing proclamation, the court must document its efforts through summons or warrants for securing accused’s presence. It must be sure the accused is deliberately avoiding appearance.
– The proclamation must give accused minimum 30 days’ time to appear from date of publishing.
– Proclamation must be published by publicly reading it out at accused’s native place, putting it up at his residence, and displaying at court premises.
– Court must record in writing its satisfaction that all procedures were fully followed before declaring a proclaimed offender.
– Under Section 82(4) CrPC, ‘proclaimed offender’ declaration is only for heinous offences like murder, dacoity etc. For other crimes, ‘proclaimed person’ declaration is to be made.
– After proclaiming offender, the court can decide on case details whether to start proceedings under Section 174A IPC. This is not mandatory.
– As per Section 195 CrPC, proceedings under 174A IPC require a written complaint by the concerned court or public servant.
The High Court directed that its order be circulated to all judges for sensitising them about the guidelines.
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