What is proclaimed offender

The “proclaimed offender” or “PO” is mentioned in Section 82 of the Code of Criminal Procedure. A Proclaimed Offender is a person who flees from a court proceeding in which the court declares the specific individual as a transmitted offender and directs the relevant law enforcement authorities to apprehend the individual named in the proceeding and make him stand before the court. A proclaimed offender (PO) procedure is a legal process in which the individual is labeled a criminal and the police officers involved are instructed to arrest and present the person specified in the proceedings before the court. It is also mandated that the declared criminal’s name and facts be published in newspapers, naming him or her as a culprit.

Consequences of being a proclaimed offender

If the accused fails to appear in court after the bailable warrant has been issued, the court will issue a non-bailable warrant against the defendant under Section 70 of the Code of Criminal Procedure. Section 70 empowers the police to arrest the accused at any time and from any location (even smashing through the doors and walls of their house or other hiding spot). If the accused refuses to appear in court even after arrest warrants have been issued without bail, the judge may proclaim the offender a “criminal accused” under Sections 82 and 83 of the CrPC.

• The proclamation of the proclaimed offender implies that any Indian citizen can arrest the accused at any time and from any location in India.
• The passport of the declared criminal is automatically confiscated so that the accused does not leave the country.
• If the accused was working for the government at the time of the criminal declaration, they will be expelled, and if they were not, they will be barred from ever working for the government again, even if they are just a proclaimed offender for one day.

Offenses for which the court declares the fugitive a proclaimed offender

If a person commits one of the following crimes or offenses and then flees, they may be designated the proclaimed offender under Section 82 of the Criminal Procedure Code.

• Someone who has committed a house trespass to commit a capital offense. Anyone who causes major bodily harm or death during a break-in or break-out.
• Murder or culpable homicide with the intent to murder.
• Kidnapping for murder, kidnapping to inflict substantial injury to a person, enslavement, and so on.
• Stepping on someone’s property as a part of a group brings catastrophic damage or death.
• One who creates fire or explosive harm to destroy private or public property.
• Whoever commits theft with the intent or intent to injure or kill someone, commits or attempts to commit robbery, commits dacoity or dacoity with murder, commits fraud or theft in an attempt to cause death or serious injury, attempts to commit robbery or deception armed with a deadly weapon, and prepares to commit or gather to commit Dacoity.

Case Law

In the case of Khalid Anwar Alias Anwar Khalid vs. Central Bureau Of Investigation Thru. Branch Hear New Delhi, the Allahabad High Court ruled that the petitioner is not “declared” a proclaimed criminal until and unless a written proclamation is made by Section 82 CrPC. The Court noted that, while a proclamation under Section 82 (1) CrPC was issued against the applicant on August 1, 2023, requiring him to appear before the Court on September 2, 2023, there was no evidence on record that the proclamation had been ‘published’ as required by Subsection (1) of Section 82 CrPC.

Furthermore, the Court noted that the Court issuing the proclamation had not issued any written declaration, as required by Sub-section (3) of Section 82 CrPC, stating that the proclamation was legally published in the manner prescribed in clause (i) of sub-section (2).

Lead India offers digital resources, free legal advice online, and legal consultations. If you call Lila, you will be able to talk to a lawyer directly. Ask a legal question for advice.