Section 84: Proclamation For Person Absconding
This section deals with the procedure for declaring a person as a “proclaimed offender” when they abscond or conceal themselves to avoid arrest. In other words the proclamation for person absconding to avoid arrest or any co-operation regarding legal matters are dealt with certain procedures as mentioned below.
Code:
BNSS Section 84
Explanation: Proclamation For Person Absconding
This section empowers a Court to issue a proclamation requiring an absconding individual to appear before it. The proclamation is published in a specific manner to ensure wide dissemination and public awareness.
The proclamation serves as a final attempt to locate the individual and bring them before the Court. If the person fails to appear within the specified time, the Court can declare them a proclaimed offender.
This declaration has serious implications, including:
- The person’s property may be confiscated.
- Further legal actions, including arrest, can be initiated against them.
- It creates a presumption of guilt, which can be used against them in subsequent proceedings.
Illustration: Proclamation For Person Absconding
Suppose a person named “X” is accused of a serious crime like murder. The Court issues an arrest warrant against him, but he disappears. After making efforts to locate him, the Court suspects that “X” has absconded. The Court then publishes a proclamation requiring “X” to appear before it within 30 days. The proclamation is published in the newspapers, local public places, and on the Court’s premises.
If “X” does not appear within the stipulated time, the Court can declare him a proclaimed offender. This declaration allows the Court to proceed with the case even in his absence, potentially leading to his arrest and subsequent trial.
Common Questions and Answers: Proclamation For Person Absconding
- Q: When can a Court issue a proclamation?
- A: A Court can issue a proclamation when it believes a person against whom a warrant has been issued has absconded or is concealing themselves to avoid arrest.
- Q: How is the proclamation published?
- A: The proclamation is published in public places, on the Court premises, and potentially in newspapers.
- Q: What happens if the person fails to appear after the proclamation?
- A: The Court can declare the person a proclaimed offender, which can have serious legal consequences, including the presumption of guilt and potential confiscation of property.
