Meaning of Proclamation of Offender

MEANING OF PROCLAMATION

In general terms, Proclamation means "The act of causing some state matters to be published or made generally known.". 

WHEN PROCLAMATION AGAINST A PERSON IS ISSUED?

When a person absconds or wilfully conceals himself from the warrant issued by the court then the only recourse available before the court  is to publish a written proclamation requiring the person absconding to appear before the court within thirty days from the date of issue of such proclamation. 

RULES REGARDING SUCH PROCLAMATION

There are imperative conditions which need to be followed while taking this recourse. Under section 82 of Code of Criminal Procedure such proclamation must be published in the following three places:-

1. It shall be published in the place or town where such absconded person ordinarily resides. So that the person residing therein may read the proclamation.
2. It shall also be affixed to the conspicuous part of the house where such absconded person ordinarily resides
3. It shall also be published in the conspicuous part of the courthouse.
4. The court on his own motion may direct the proclamation to be published in the daily newspaper.

WHO IS A PROCLAIMED OFFENDER?

 Not every person who runs away from the process of the court and against whom the proclamation is made is Proclaimed offender. Only those person who has committed these* crimes and against whom such warrants are in force and they are absconding and hiding from the law. Then such person is declared as proclaimed offender by the court.

Section	Description
302	Punishment for murder
304	Punishment for culpable homicide
364	Punishment for Kidnapping and abduction
367	Punishment for Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.
382	Theft, after preparation having been made for causing death, or hurt, or restraint or fear of death, or of hurt or of restraint, in order to the committing of such theft, or to retiring after committing it, or to retaining property taken by it
392	Punishment for robbery
393	Punishment for Attempt to commit robbery
394	Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery
395	Punishment for Dacoity
396	Punishment for murder in dacoity
397	Robbery or Dacoity, with attempt to cause death or grievous hurt
398	Attempt to commit robbery or Dacoity when armed with deadly weapons
399	Making preparation to commit Dacoity
400	Belonging to a gang of persons associated for the purpose of habitually committing Dacoity
402	Being one of five or more persons assembled for the purpose of committing Dacoity
436	Mischief by fire or explosive substance with intent to destroy house etc.
449	House-trespass in order to the commission of an offence punishable with death
459	Grievous hurt caused whilst committing lurking house-trespass or house-breaking
460	Death or grievous hurt caused by one of several persons jointly concerned in house-breaking by Night, etc.

WHAT IF THE PERSON ABSCONDING DOESN'T MAKE HIMSELF APPEAR WITHIN THE STIPULATED TIME?

In such a scenario, Section 83 of the code of criminal procedure comes into play. The magistrate who has ordered for the issue of the written proclamation against the accused can order for attachment of the property (movable, immovable or both) of the proclaimed person. Attachment means prohibition of transfer, conversion, disposition or movement of property

 If the court is of the opinion that the proclaimed person is about to dispose of his property or trying to remove his property, the court may order for the attachment of the property (movable, immovable or both) of the proclaimed person simultaneously with the order of the proclamation. 

WHAT IF THE PROCLAIMED PERSON APPEARS WITHIN THE STIPULATED TIME?

If the proclaimed person appears within the stipulated time mentioned in the written proclamation, the Court shall make an order releasing the property from the attachment and then such person will be punished accordingly under section 174-A IPC.

Offence	Punishment
Ø  Failure to appear at specified place and specified time as required by a proclamation published under Sub-Section 1 of section 82 of the CRPC      Ø  In a case where declaration has been made under Sub-                     Section 4 of section 82 of this Code pronouncing a person               as  proclaimed offender	3 Years or Fine or Both   7 Years + Fine

    WHAT WILL BE THE PROCEDURE OF THE COURT IF THE ABSCONDING PERSON DOESN'T APPEAR AT ALL?

In such a case, court will not sit as a mere spectator. The proceeding will commence even in the absence of the accused. Under sec 299 Crpc, the evidence will be recorder in the absence of the accused. Section 299 Crpc is the exception to section 273 of Crpc. Section 273 Crpc enumerates that the evidence shall be taken in the presence of the accused but under section 299 crpc the evidence will be taken in the absence of the accused. 

In the case of Jayendra Vishnu Thakur V.  State of Maharashtra (2009) 7 SCC 104 it was held that for recording the evidence of the accused in his absence, following conditions must be fulfilled : -

1. There must be proof that accused has absconded.

2. There is no immediate prospect of arresting the accused, whether conjunctive or distinctive. 

            Furthermore, Sec 470 Crpc says that In computing the period of limitation, the time during which the offender has avoided arrest by absconding or concealing himself shall be excluded.