PROCLAMATION AND

ATTACHMENT
PROCESS TO COMPEL APPEARANCE -3
PROCLAIMED OFFENDER

• Q33: Who is a Proclaimed Offender?

• Ans- If any Court has reason to believe that any person against whom a warrant of arrest 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 30 days from the date of publishing such proclamation.
• Where a proclamation published is in respect of a person accused of certain specified heinous offences
and such person fails to appear at the specified place and time required by the proclamation may
pronounce him a ‘Proclaimed Offender’ under Section 82 of The Code of Criminal Procedure,1973.
CASE
• Rishabh Sethi vs State Of Raj And Anr on 8 March, 2018- This criminal misc. petition has
been preferred on behalf of the accused-petitioner with the prayer to quash and set-aside
the order dated 23.03.2017 passed by learned Special Judge (Sessions Court), 
Anti Corruption Act No.1, Jaipur, whereby accused-petitioner Rishabh Sethi was declared as
proclaimed offender and the standing warrant of arrest was ordered to be issued against him.
• It has also been contended by learned State counsel that all the mandatory requirements
contained in Section 82 Cr.P.C. were (5 of 15) [CRLMP-5767/2017] complied with while
declaring the accused-petitioner as proclaimed offender. The proclamation was also
published in the daily news-paper circulating in the area for wide publicity. The accused-
petitioner has been made aware of the proceedings which have been initiated against him,
thus, the object of publication of proclamation has been sufficiently achieved. So the
accused- petitioner is not justifiable in raising the technical pleas in this regard.
• Held -Since no report was made in the matter in hand about affixation of copy of
proclamation in conspicuous part of the court house, sub-clause (c) of Section 82 (2)(i) Cr.P.C.
has not been complied with. 
CASE
• Sanjay Bhandari vs State (Nct Of Delhi) on 31 July, 2018, Delhi HC, It is contended that even if the
proceedings under Section 82(1) to 82(3) of Cr.P.C. is completed qua the petitioner, the petitioner could
not be declared as a proclaimed offender as he is not accused of any offences mentioned under 
Section 82(4) Cr.P.C. the judge held- I am thus of the view that a person who is accused of offences other
than the ones enumerated in section 82(4) and qua whom a proclamation has been published under 
section 82(1) would be a 'Proclaimed person' and not a deemed 'Proclaimed Offender'.
• As noticed above, there is no provision other than section 82(4) for pronouncing such a person as a
proclaimed offender and 82(4) applies only in respect of persons accused of sections of IPCenumerated
therein.
• 33. In view of the above, order dated 08.01.2018 declaring the petitioner as a proclaimed offender is not
sustainable and is accordingly quashed to the said extent. However, this would not affect the status of
the petitioner as a proclaimed person and would be without prejudice to the action initiated against the
petitioner for failure to appear in terms of the proclamation issued.
OFFENCES TO DECLARE PROCLAIMED
OFFENDER
• Q34: What are the offences for which the Court may declare an absconder to be a Proclaimed Offender?
• Ans- The Court may pronounce an absconder as a proclaimed offender if he is accused of any of the following offences:
• Murder; Culpable homicide not amounting to murder
• Kidnapping or abducting in order to murder; Kidnapping or abducting in order to subject person to grievous hurt,
slavery etc.
• Committing theft after making preparation for death, hurt or restraint in order to commit the theft;
• Committing robbery or attempting to do so; Causing hurt in committing robbery; Committing dacoity/ dacoity with
murder; Committing robbery/dacoity with attempt to cause death or grievous hurt;
• Attempting to commit robbery/dacoity when armed with deadly weapon; Preparing to commit or assembling to
commit dacoity; Belonging to a gang of dacoits,
• Causing mischief by fire or explosive substance with intent to destroy house, etc.
• Committing house-trespass in order to commit offence punishable with death; Causing grievous hurt/death while
committing lurking house-trespass or house-breaking; Being member of group that causes grievous hurt/death while
committing lurking house-trespass or house-breaking by night.
•  
HOW PROCLAMATION IS PUBLISHED

• Q35: How proclamation is published for person absconding?

• Ans- Procedure of Proclamation are as follows:
• It shall be read publicly in conspicuous place of the town or village where such person resides ordinarily;
• It shall be affixed to some conspicuous part of the house or homestead where such person ordinarily
resides or to some conspicuous place of such town or village.
• A copy shall also be affixed to some conspicuous part of the Court-house.
• Court can also direct if it thinks fit, a copy of Proclamation to be published in a daily newspaper
circulating in the place where that person resides ordinarily.
WHO CAN ARREST PROCLAIMED OFFENDER

• Q36: Who can arrest a Proclaimed Offender?

• Ans- The primary responsibility for securing the arrest of a proclaimed offender rests with the police of
the station in which he is a resident. A Proclaimed Offender may, however, be arrested by any police
officer without any order from a Magistrate and without a warrant. Any private person may arrest a
Proclaimed Offender and hand him over without unnecessary delay to a police officer or to the nearest
police station.
• PK Gupta v State, 1973 Cr. L.J 1368- held that clause (i) of subclause 2 of section 82 is mandatory and
clause (ii) is optional but clause (ii) is not an alternative to clause (i). Therefore faliure to publish the
proclamation will vitiate the proclamation.
• In Abdul Kader v UOI 1977 Cr. L.J 1708, held if a person who had gone abroad before the issue of
warrant of arrest cannot be said to be absconding or concealing.
PUNISHMENT FOR NON APPEARANCE

• Q37: What is the punishment for non-appearance in response to the proclamation under section 82 of
the Code of Criminal Procedure?
• Ans- 1) Whoever fails to appear at the specified place and the specified time as required by a
proclamation by the Court is punishable with imprisonment for a term which may extend to 3 years or
with fine or with both, and
• 2) Where a declaration has been made by the Court pronouncing him as a proclaimed offender, he shall
be punished with imprisonment for a term which may extend to 7 years and shall also be liable to fine.
s. 174-A Indian Penal Code.
CAN PROPERTY BE ATTACHED

• Q38: Can a Proclaimed Offender’s property be attached?

• Ans- The Court issuing a proclamation may order the attachment of any property whether movable or
immovable, or both belonging to the proclaimed person in order to compel his appearance before the
Court under Section 83 of The Code of Criminal Procedure,1973. The Court will record it’s reasons in
writing.
• The attachment order can be made simultaneously with a proclamation order on two occasions:
• one, when the property is about to be disposed of the whole or any part,
• two, the whole or part of the property is about to be removed from the local jurisdiction of the Court.
MODES OF PROPERTY ATTACHMENT
• Q39: What are the modes of attachment of property?
• Ans- According to Section 83 there are three modes for attachment of property:
• If the property ordered to be attached is a debt or other movable property, the attachment may be made—
• by seizure, or
• by the appointment of a receiver; or
• by an order in writing prohibiting the delivery of such property to the proclaimed person or to anyone on his behalf; or
• by all or any two of such methods, as the court thinks fit.
• If the property ordered to be attached is immovable, the attachment shall, in the case of land paying revenue to the
State Government, be made through the Collector of the district in which the land is situated, and in all other cases:
• by taking possession; or
• by the appointment of a receiver; or
• by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to anyone
on his behalf, or by all or any two of such methods, as the court thinks fit.
• If the property to be attached consists of livestock or is of a perishable nature, the court may order its immediate sale.
• Q40: How claims and objections are attached to the property? Who can claim and object other than the proclaimed
person?
• Ans- Section 84 of The Code of Criminal Procedure,1973 states that Any person other than the proclaimed person may prefer a
claim or make an objection to the attachment of property within six months from the date of attachment on the ground that
the claimant or objector has an interest in the attached property and that such interest is not liable to attachment.
• Every such claim or objection shall be inquired into by the court in which it is preferred and it may be allowed or disallowed.
• If the claim or objection is disallowed in whole or in part, the claimant or objector may within a period of one year institute a
suit to establish his right in respect of the property in dispute, but subject to the result of such suit, if any, the order of the
court disallowing the claim shall be conclusive.
• Proviso of this section states that any claim which has been made within the period allowed shall be continued by legal
representative if claimant or objector is dead.
• The section does not bar a party to institute a suit in a Civil Court within one year for his right in respect of attached property
which has been disallowed by the Criminal Court. Therefore, right of a person to institute a suit in a Civil Court is not barred by
this section.
• No claims or objections in respect of property attached can be preferred after such property is released from attachment. But a
third party can file a civil suit for adjudication of his right or claim.
• Q42: How an aggrieved person can appeal if his application for restoration of attached property is
rejected? What is the procedure for appeal for restoration of property?
• Ans- Section 86 lays down the rule regarding appeal from order rejecting application for restoration of
attached property. Any person who is refused under sub-section (3) of Section 85 to get back his
property or delivery of property is not done or the proceeds of the sale are not given to the aggrieved
person than he may appeal to the Court where appeals lie ordinarily from the sentences of the first-
mentioned Court.