Proclaimed Offender Under Criminal Procedure Code, 1973

Jay Wadhwa & Aditie Sinha, Symbiosis Law School, Noida

ABSTRACT

This article examines the legal idea of a "proclaimed offender" and its implications and repercussions. The course begins with an overview of the relevant provisions of the Code of Criminal Procedure, 1973, which allow a court to make a written proclamation against a person who has absconded or concealed themselves in order to avoid the execution of a warrant. When the accused may be pronounced guilty by the court, as well as the process for issuing a proclamation and its influence on the accused, are among the study questions investigated.

The paper explains the legal method for issuing a proclamation and the penalties for failing to comply with it through study and examination of case laws. Notably, someone who is deemed an offender under Section 82(4) of the Criminal Procedure Code bears harsher penalties than someone who is declared an absconder under Section 82(1).

Case law examples, such as "Sanjay Bhandari v. NCT of Delhi" and "Arun Kumar Parihar v. the State," are used to demonstrate the interpretation of the law and to emphasise the importance of following certain rules before designating someone a proclaimed criminal. The conclusion indicates that a proclaimed offender is someone who fails to appear in court despite having a warrant for their arrest. Furthermore, it specifies that the obligation for arresting declared offenders rests with the police, and that anybody may apprehend such offenders and turn them over to the local police station.