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kushal..... (engineer)     09 July 2014

Who is a proclaimed offender

Guys who is identified as a "proclaimed offender" in law.

My sister's husband has been absconding for 2 years and he recently came to india. does law identify him as "proclaimed offender" .



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 2 Replies

Advocate Ravinder (Advocate/Attorney)     09 July 2014

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

 

T. Kalaiselvan, Advocate (Advocate)     09 July 2014

This is further to above reply by learned Advocate Mr. Ravinder to the second part of your query:

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.

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



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