A proclaimed offender can be described as being a person who can be arrested by any citizen in India. So in a proclaimed offender order, the Passport of the announced offender will be naturally appropriated. This is with the goal that a guilty party doesn’t leave the country.
Proclaimed Offender Order: Introduction
What is a proclaimed offender? Its implication can be understood with the help of this article through a variety of provisions of a proclaimed offender under CRPC.
Consequence of getting a proclaimed offender order
A Proclaimed offender proceeding is an act of the court to affirm the person as the proclaimed offender. The court directs the concerned police officials to seize the person and produce him before the court. This is along with the publication in the newspaper of that person’s name and other details.
This publication is done to officially declare him a Proclaimed Offender under the purview of the public. The meaning of being asserted as proclaimed Offender is that accused can be arrested by any citizen of India at any time or any place. The Passport of the proclaimed offender is also captured so that criminal doesn’t go out of the country.
If at the time one has a proclaimed offender order, while that individual was doing any Government Job, then he will be detached and if not he cannot apply for any government job at any level all the way through the life even if he is a proclaimed offender only for a single day.
What happens next?
When the indicted is not giving the appearance in Court, then the court will copy Non-Bailable Warrants. These will be against the person/accused under Section 70 of the Code of Criminal procedure.
This Warrant under Section 70 will present powers to the Police to arrest the accused at any instant at any place. If even after Non-Bailable Warrants alleged person doesn’t care to emerge in Court then the Judge can declare the accused “Proclaimed Offender”. And pass proclaimed offender order under Section 82 and 83 of the CrPC.
Brief History: Judgement on proclaimed offender
The concept of a Proclaimed Offender as it subsists today did not always had a place in the Code. In the 1872 Code, there was no reference of a Proclaimed Offender. It was in Section 45 of the 1882 Code that the words were first instituted, only in respect of the duties of village officers to make a statement.
In 1894 an justification clause was added to Section 45 thereby expanding the definition of Proclaimed Offender. This was the first occurrence when the list of sections currently found in Section 82(4) found a place in the Code. The 1898 Code preserved the provisions of Section 45 with reverence to Proclaimed Offenders in its amended form, which today is a provision of Section 40 of the CRPC 1973.
Method towards publishing the Proclamation Notice by the Court
- It shall be publicly read in some noticeable place of the town or village in which such person ordinarily resides
- It shall be attached to some prominent part of the house or homestead in which such person ordinarily lives or to some evident place of such town or village
- A copy thereof shall be attached to some prominent part of the Courthouse
- The court can also, if it thinks fit, express a copy of the proclamation to be published in a daily newspaper circulating in the place in which such individual ordinarily resides
- A declaration in writing by the court issuing the proclamation to the effect that the proclamation was duly issued on a specified day
PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED
Whereas complaint has been made before me that ______ (name, description and address) has committed or is suspected to have committed) the offence of _______ punishable under ______ section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said ________ (name) cannot be found, and whereas it has been shown to my satisfaction that the said ________ (name) has absconded or is concealing himself to avoid the service of the said warrant); Proclamation is hereby made that the said _______ of ________ is required to appear at ________ (place) before this Court (or before me) to answer the said complaint on the ________ Day of_________ Dated, this _______ day of _______, 20___
(Seal of the Court) (Signature)
Is the harboring of a Proclaimed Offender Order punishable under law?
Whosoever deliberately harbors a proclaimed offender to prevent his apprehension is liable to be punished under section 216 IPC with imprisonment up to 7 years in assured cases.
A list is hung up in the office of each police station and a photocopy is displayed on the police station notice board of all proclaimed offenders who are absconding in cases registered in the home police station or in cases registered in other police stations, but occupant of or likely to visit the home police station. The names of all such proclaimed offenders are also cited in the Police Station Register No.10 (Surveillance Register).
The CRO Branch of the SP Office preserves a register of proclaimed offenders in two parts:
- Part I resides the names of all residents of the home district irrespective of the districts in which proclaimed. The names shall be entered according to the police station of which the proclaimed offenders are residing.
- Part II contains the names of all offenders proclaimed in but not occupant of the district. These will be entered in accords with the district of which they are said to be resident.
Can NRI’s be declared as Proclaimed Offenders?
A large amount of Non-resident Indian’s (or NRI’s) still maintain some property in the country. It happens so often that a number of fake and fictitious cases are embroiled against them. When the NRI’s are not able to trail these cases due to geographical constraints, they are frequently announced as Proclaimed Offenders by the officials.
What is the Remedy for proclaimed offender?
A proclaimed offender has been given certain remedies that support him to get out of a situation where he has been misleadingly accused as a Proclaimed Offenders like NRIs. According to the Supreme Court, no anticipatory bail can be granted to a proclaimed offender. This was addressed in an order of the Supreme Court.
However, a proclaimed offender can be granted the gain of a regular bail.
Who can be declared as a Proclaimed Offender?
Once a person is declared as a Proclaimed Offender, he/she can be arrested by the authorities at any hour irrespective of any other regulations and provisions. Following mentioned are the scenarios under which an individual can be claimed as a proclaimed offender:
- Any person committing a crime documented by the IPC can be declared as a Proclaimed Offender. If he/she tries to flee from the police or the court of law.
- A person can also be regarded as a Proclaimed Offender if he is absconding charges filed under the NDPS act as well.
- PO proceedings can also be commenced if the accused stops appearing in the trial court proceedings after issuance of Bailable, Non-Bailable warrants and proclamations.
What is the sentence for a Proclaimed Offender?
After a Proclaimed Offender Order is in the supervision of the law, he can be served with a fine or a 3-year jail sentence or both. However, it can also be expanded to 7-year imprisonment. This happens if the offense is registered under section 147 of the IPC.
Nevertheless, it must be noted that supplementary charge-sheet can’t be added by police before declaring alleged as Proclaimed. It should be noted that repressing a Proclaimed Offender is also penalized under section 216 of the IPCwith imprisonment up to 7 years in certain situations.
What is the quashing of proclaimed offender order?
Quashing of an proclaimed offender order exactly means to overthrow or annul an order. It means to nullify, void or to announce an order invalid. Quashing of an order can be continued with by a legal procedure. A Proclaimed Offender order conceded by a trial court can be quashed by the high court. It is prudent to apply for a quashing order as an alternative of an anticipatory bail.
This is for the reason that anticipatory bails are hardly ever granted in cases like these. Strict conformity to section 82 and 83 of the Criminal Procedure Code is to be adhered to while trying a quashing.
7 Offences for which the court may announce a Proclaimed Offender Order against an Absconder
An absconder can be declared as an offender by the court if he is alleged of any of the following:
- Someone committing house-trespassing in array to commit a punishable offence with death. Anyone instigating grievous hurt or death while house-trespass or house-breaking
- Culpable homicide not amounting to murder.
- Abduction or kidnapping with an agenda to murder. Abduction or kidnapping in order to subject a person to serious hurt or slavery
- Being a member of a crowd that causes grievous hurt/death while trespassing a property.
- Someone triggering mischief by fire or explosive substance with the objective to destroy property
- Someone committing theft with the intention or attempt to hurt or murder
- Attempting or commending robbery, dacoity or dacoity with murder
FAQ’s for Proclaimed Offender Order
1. Someone committing house-trespassing in array to commit a punishable offence with death.
2. Culpable homicide not amounting to murder.
3. Abduction or kidnapping with an agenda to murder.
4. Being a member of a crowd that causes grievous hurt/death while trespassing a property.
5.Someone triggering mischief by fire or explosive substance with the objective to destroy property
6. Someone committing theft with the intention or attempt to hurt or murder
7. Attempting or commending robbery, dacoity or dacoity with murder
The publication can be available in the following places:
1. Any important place in the town or village of the Proclaimed Offender
2. Any prominent place in or around the home of the Proclaimed Offender
3. If the court deems suitable, it can also publish the publication in the newspaper
The Court releasing a proclamation may order the attachment of any property belonging to the proclaimed person in order to induce his appearance before the Court.
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