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Proclaimed Offender under BNSS (Bharatiya Nagarik Suraksha Sanhita)

Updated: Feb 22

Introduction:


Section 84 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) discusses the concept of a "Proclaimed Offender" (PO). A Proclaimed Offender is an individual absconding from court proceedings, declared as such by the court, directing police to apprehend the person and present them before the court. This process involves publishing the name and details of the declared criminal in newspapers, marking them as perpetrators.


Consequences of Being a Proclaimed Offender:


The consequences of being declared a Proclaimed Offender under Sections 84 and 85 of BNSS are significant:


1. Citizen's Arrest: Any citizen can arrest the accused at any time and anywhere.


2. Passport Confiscation: The passport of the proclaimed offender is automatically confiscated to prevent them from leaving the country.


3. Employment Implications: If the accused held a government position, they will be expelled. Even if not, they are barred from joining any government position at any level for life.


Offenses Leading to Proclamation:


The court can declare a person as a Proclaimed Offender for offenses including:


1. Theft or trespass with the intent of a crime punishable by death.


2. Murder or culpable homicide amounting to murder.


3. Kidnapping, kidnapping for murder, or causing serious harm.


4. Causing injury or death while trespassing on someone's property.


5. Arson or explosive damage with the intent to destroy property.


6. Offenses involving theft, robbery, dacoity, fraud, or deceit with the intent to harm or kill


Issuing a Proclamation:


The court can issue a proclamation if there is reason to believe the accused is hiding. The proclamation specifies a date and place for the accused to appear, and it is issued not less than thirty days after publication. The procedure involves:


1. Public reading in the city or village where the person resides.


2. Placement on the person's residence or in a visible place in the city or village.


3. Displaying a copy in a visible part of the court

.

4. Optionally, publication in a local newspaper.

Legal Precedents and Observations:



Procedure to Issue the Proclamation:


Section 84(2) of BNSS outlines the procedure to issue a proclamation, including public reading, placement on the person's residence, and display in the court. If needed, the court can order publication in a local newspaper. The court's declaration of due publication is conclusive evidence of fulfillment.


Frequently Asked Questions (FAQs) on Proclaimed Offenders under BNSS Section 84:


Q1: What does it mean to be a Proclaimed Offender under Section 84 of BNSS?

A1: Being a Proclaimed Offender means that an individual is absconding from court proceedings, declared so by the court. This declaration directs law enforcement to apprehend the person and present them before the court. The person's name and details are also published in newspapers, marking them as perpetrators.


Q2: What are the consequences of being declared a Proclaimed Offender under BNSS?


A2: The consequences are significant and include:

- Any citizen can arrest the accused at any time and anywhere.

- Passport confiscation to prevent leaving the country.

- Employment implications, including expulsion from government service and a lifelong bar from joining any government position.


Q3: How is a proclamation issued under BNSS Section 84?


A3: The court can issue a proclamation if there's reason to believe the accused is hiding. The proclamation specifies a date and place for the accused to appear, issued not less than thirty days after publication. The procedure involves public reading, placement at the person's residence and in the court, and optional publication in a local newspaper.


Q4: What is the procedure to issue a proclamation under Section 84(2) of BNSS?


A4: The procedure includes public reading, placement at the person's residence and in the court, and optional publication in a local newspaper. The court's declaration of due publication is conclusive evidence of fulfillment.


Q5: Are there legal precedents or observations regarding Proclaimed Offenders under BNSS?


A5: Specific legal precedents or observations are not provided, but the section emphasizes compliance with procedures such as publication and due inquiry.


Q6: How does the court make a conclusive statement regarding the proclamation's due publication under Section 84(3)?


A6: The court issues a written statement confirming due publication on a specified day, and this is considered conclusive evidence of compliance with the proclamation requirements.


Proclaimed Offender under BNSS (Bharatiya Nagarik Suraksha Sanhita)


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