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Who is a proclaimed offender according to Indian law?

WHAT IS THE PROCLAIMED OFFENDER?

A Proclaim offender proceeding is a process of the court through which the court declares the person as proclaimed
offender and directs the concerned police officials to arrest the person named in the proceeding and produce him
before the court and the name and details of the proclaimed offender are published in the news papers declaring
him/her to be a proclaimed offender.

WHAT ARE PROCLAIM OFFENDER (P.O) PROCEEDINGS?

When “Somebody”(accused) is not giving the appearance in Court after issuing the bailable warrant, then the court will
Issue Non-Bailable Warrants against the person/accused under Section 70 of the Code of Criminal procedure. This
Warrant under Section 70 will give powers to the Police to arrest the accused at any moment at any place [even by
breaking doors and walls of your house or the place where you are trying to hide from the arrest.

If even after Non-Bailable Warrants accused doesn’t care to appear in Court then the Judge can declare the accused
“Proclaimed Offender” under Section 82 and 83 of the Code of Criminal procedure.

MEANING OF PROCLAIMED OFFENDER OR CONSEQUENCE OF BEING A PROCLAIMED OFFENDER – (1) The meaning of
being declared as proclaimed Offender is that accused can be arrested by ANY citizen of India at any time or any place.

(2) The Passport of the proclaimed offender will be automatically confiscated so that offender doesn’t go out of the
country.

(3) If at the time of being declared proclaimed offender person were doing any Government Job — he will be expelled
and if not he cannot apply for any government job at any level throughout the life– even if you are declared proclaimed
offender only for One day.

WHEN THE COURT ISSUE PROCLAMATION AGAINST THE PERSON/ACCUSED ?

If Any court has reason to believe (whether after taking evidence or not) that any person against whom a warrant 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 thirty
days from the date of publishing such proclamation.

PROCEDURE TO PUBLISHING THE PROCLAMATION NOTICE BY THE COURT- The proclamation shall be published as
follows-(1) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily
resides.

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(2) It shall be affixed to some conspicuous part of the house or home-stead in which such person ordinarily resides or to
some conspicuous place of such town or village.

(3) A copy thereof shall be affixed to some conspicuous part of the Court house.

(4) The court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating
in the place in which such person ordinarily resides.

(5) A statement in writing by the court issuing the proclamation to the effect that the proclamation was duly published
on a specified day, in the manner specified in Clause (i) of sub- section (2), shall be conclusive evidence that the
requirements of this section have been complied with, and that the proclamation was published on such day.

(6) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable
under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 499, 459 or 460 of the
Indian Penal Code (45 of 1860) and such person fails to appear at the specified place and time required by the
proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a
declaration to that effect.

**Hope this helped**

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The procedure laid down under Section 83 has to be followed strictly.

Jurisdiction to pass attachment order cannot be assumed unless a proclamation under

Section 82 Cr.P.C. has been issued. The normal rule is that the Court has to wait

until the expiry of 30 days, to enable the accused to appear in terms of the

proclamation. The words “at any time after the issue of proclamation” are not to be

interpreted in isolation. The key for gathering the intention of the law makers is to

be found in Section 82 Cr.P.C. Sections 82 & 83 Cr.P.C.

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A Proclaimed Offender is the person who is absconding all the warrants of the court of law. A Proclaimed offender is the
title given to an accused who is not appearing in court even after executing non-bailable warrants against him/her. The
stages for announcing a person a ‘Proclaimed Offender’ is as follows:

Firstly summons are sent to the accused to show himself/herself in front of the court.

Secondly, the court issue bailable warrants in the name of the absconding accused.

Thirdly, the court issues non-bailable warrants under which the police have the power to confiscate his/her passport, get
into his/her house and arrest him/her.

If the accused, after issuance of all the warrants, still does not care to come to the court, the court may declare such
accused as Proclaimed Offender under section 82 and 83 of Code of Criminal Procedure. His/her name shall be
published in the local newspapers and details of such person shall be provided publically.

By the title Proclaimed Offender, it means that,

Any citizen can arrest that particular person declared as Proclaimed Offender.

The passport of such offender shall be confiscated so that he/she would not be able to leave the country.

He will not be able to continue his/her government job, if he/she was doing any, and would also not be qualified to
apply for any such government jobs once declared as Proclaimed Offender.

For such other legal knowledge and help, feel free to connect with the experts at

Section 82 incorporates the concept of ‘Proclaimed Offender’ or ‘PO’. The definition of being pronounced as Proclaimed
Offender is that blamed can be captured by any resident of India whenever or wherever. The Passport of the announced
wrongdoer will be naturally appropriated with the goal that guilty party doesn’t leave the nation.

A Proclaimed Offender proceeding is a procedure of the court through which the court announces the individual as
broadcasted wrongdoer and guides the concerned police authorities to capture the individual named in the procedure
and create him under the watchful eye of the court.

On the off chance that any court has the motivation to accept that any individual against whom a warrant has been
issued by it has slipped off or is covering himself with the goal that such warrant can’t be executed, such court may
distribute a composed decree expecting him to show up at a predefined put and at a predetermined time at least thirty
days from the date of distributing such announcement.
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Whenever accused is not giving the appearance in Court in the wake of issuing the bailable warrant, at that point, the
court will Issue Non-Bailable Warrants against the individual/blamed under Section 70 for the Code of a Criminal
method. This Warrant under Section 70 will offer forces to the Police to capture the blamed at any minute at wherever
[even by breaking entryways and dividers of your home or where you are endeavoring to escape the capture.

In the event that even after Non-Bailable Warrants charged couldn’t care less to show up in Court then the Judge can
announce the blamed as Broadcasted Offender under Section 82 and 83 of the Code of a Criminal system. This Warrant
under Section 70 will offer forces to the Police to capture the person at any minute……..To

A person who is concealing or hiding himself from the court and not appearing In spite of the proclamation to this effect.
You are given 30 days to appear and only after that you are declared as PO.

You can be arrested anytime, no government jobs since tag PO comes and no abroad. Your name will always be kept in
registers of police.

What Do You Mean By Proclaimed Offender?

written by Ashish Padhy January 14, 2020

Here is all about proclaimed offender

A proclaimed offender can be defined as being a person who can be arrested by any citizen in India. The Passport of the
announced wrongdoer will be naturally appropriated with the goal that a guilty party doesn’t leave the nation. What is a
proclaimed offender and proclaimed offender meaning can be understood in this article through various provisions of a
proclaimed offender under C.R.P.C.

Section 82 of the Criminal Procedure Code incorporates the concept of ‘Proclaimed Offender’ or ‘PO’. A Proclaimed
Offender proceeding is a procedure of the court through which the court announces the individual as broadcasted
wrongdoer and guides the concerned police authorities to capture the individual named in the procedure and create
him under the watchful eye of the court.

On the off chance that any court has the motivation to accept that any individual against whom a warrant has been
issued by it has slipped off or is covering himself with the goal that such warrant can’t be executed, such court may
distribute a composed decree expecting him to show up at a predefined put and at a predetermined time at least thirty
days from the date of distributing such announcement.

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Whenever accused is not giving the appearance in Court in the wake of issuing the bailable warrant, at that point, the
court will Issue Non-Bailable Warrants against the individual/blamed under Section 70 for the Code of a Criminal
Procedure. This Warrant under Section 70 will offer forces to the Police to capture the blamed at any minute at
wherever [even by breaking entryways and dividers of your home or where you are endeavoring to escape the capture.

In the event that even after Non-Bailable Warrants charged couldn’t care less to show up in Court then the Judge can
announce the blamed as Broadcast-ed Offender under Section 82 and 83 of the Code of a Criminal system. This Warrant
under Section 70 will offer forces to the Police to capture the person at any minute.

Conclusion

Where an announcement distributed under sub-segment (1) is in regard to a man blamed for an offense culpable under
Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 499, 459 or 460 of the Indian
Penal Code neglects to show up at the predetermined place and time required by the decree, the Court may,
subsequent to making such request as it supposes fit, articulate him a broadcast-ed guilty party and make a revelation to
that impact.

WHO IS THE PROCLAIMED OFFENDER

A Proclaimed Offender (P.O) proceeding is a process of the court through which the person is declared proclaimed
offender and directs the concerned police officials to arrest the person named in the proceeding and produce him
before the court and the name and details of the proclaimed offender are published in the newspapers declaring
him/her to be a proclaimed offender.

What Are Proclaimed Offender (P.O) Proceedings?

Section 82 of the Criminal Procedure Code says a ‘Proclaimed Offender’ or ‘PO’. A Proclaimed Offender is a procedure of
the court through which the court announces the individual as broadcasted wrongdoer and guides the concerned police
authorities to capture the individual named in the procedure and create him under the watchful eye of the court.

Also when Accused is not giving the appearance in Court after issuing the bailable warrant, then the court will Issue Non-
Bailable Warrants against the person/accused under Section 70 of the Code of Criminal procedure.

This Warrant under Section 70 will give powers to the Police to arrest the accused at any moment at any place [even by
breaking doors and walls of your house or the place where you are trying to hide from the arrest].

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If even after Non-Bailable Warrants accused doesn’t care to appear in Court then the Judge can declare the accused
“Proclaimed Offender” under Section 82 and 83 of the Code of Criminal procedure.

Meaning of proclaimed offender or consequence of being a proclaimed offender –

(1) The meaning of being declared as proclaimed Offender is that accused can be arrested by ANY citizen of India at any
time or any place.

(2) The Passport of the proclaimed offender will be automatically confiscated so that the offender doesn’t go out of the
country.

(3) If at the time of being declared proclaimed offender person was doing any Government Job — he will be expelled
and if not he cannot apply for any government job at any level throughout the life– even if you are declared proclaimed
offender only for One day.

Offenses For Which The Court May Declare An Absconder To Be A Proclaimed Offender?

An Absconder Can Be Proclaimed As An Offender By The Court If He Is Accused Of Any Of The Following:

Someone committing house-trespassing in order to commit a punishable offense with death. Anyone causing grievous
hurt or death while house-trespass or house-breaking;

Culpable homicide not amounting to murder or Murder.

Abduction or kidnapping in order to murder. Abduction or kidnapping in order to subject a person to grievous hurt,
slavery, etc.

Being a member of a group that causes grievous hurt/death while trespassing a property.

Someone causing mischief by fire or explosive substance with the intent to destroy property. Someone committing theft
with the intent or attempt to hurt or murder. Attempting or committing robbery. Causing hurt in committing robbery.
Committing dacoity or dacoity with murder; Committing dacoity or robbery with an attempt to cause death or grievous
hurt; Attempting to commit robbery/dacoity when armed with a deadly weapon; Preparing to commit or assembling to
commit dacoity; Belonging to a gang of dacoits.

When The Court Issue Proclamation Against The Person/Accused?

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If any court has reason to believe (whether after taking evidence or not) that any person against whom a warrant 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 thirty
days from the date of publishing such proclamation.

Procedure To Publishing The Proclamation Notice By The Court-

The proclamation shall be published as follows-

(1) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides.

(2) It shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to
some conspicuous place of such town or village.

(3) A copy thereof shall be affixed to some conspicuous part of the Courthouse.

(4) The court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating
in the place in which such person ordinarily resides.

(5) A statement in writing by the court issuing the proclamation to the effect that the proclamation was duly published
on a specified day, in the manner specified in Clause (i) of subsection (2), shall be conclusive evidence that the
requirements of this section have been complied with, and that the proclamation was published on such day.

(6) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable
under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 499, 459 or 460 of the
Indian Penal Code (45 of 1860) and such person fails to appear at the specified place and time required by the
proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a
declaration to that effect.

Who can arrest a Proclaimed Offender?

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The police station from where the offender is a resident holds the prime responsibility to arrest. However, a Proclaimed
Offender may be arrested by any police officer without a warrant or order any order from a Magistrate. Any person may
arrest a Proclaimed Offender and hand him over to a police officer/ nearest police station without unnecessary delay.

The Superintendent of Police revises the list of Proclaimed Offenders regularly.

The Superintendent of Police periodically revises the list of Proclaimed Offenders names and also people concerned in
the cases. If there is no sufficient evidence on record or is procurable the names of the POs are removed after
consultation with the District Magistrate and the SP of the district in which such person was proclaimed. Whenever a
Proclaimed Offender is arrested a statement is sent to the police station and district of which he was a resident so that
his name can be eliminated from the list of POs. The name is likewise removed from the receipt of intimation on the
death of the proclaimed person.

To Summarize

An announcement distributed under sub-segment (1) is in regard to a man blamed for an offense culpable under
Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 499, 459 or 460 of the Indian
Penal Code neglects to show up at the predetermined place and time required by the decree, the Court may,
subsequent to making such request as it supposes fit, articulate him a broadcast-ed guilty party and make a revelation to
that impact.

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