Module 2

Lecture 4
Proclaimed Offender
S. 82-86
Proclaimed Offender
• 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.
offences for which the Court may declare
an absconder to be a Proclaimed Offender

• 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.
Procedure of Proclamation
• 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.
Proclaimed Offender’s property be
attached
• 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 S. 83 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.
• 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
Proclaimed Offender’s property be
attached
• 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.
Claims and objections
• 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.
Claims and objections
• 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.
Release, sale and restoration of
attached property
• According to Section 85 Release is done:
• if the proclaimed absconder appears before the Court within the time specified
in the proclamation, his property shall be released from the attachment.
• Sale is done when:
• he does not so appear within time, his property shall be at the disposal of the
State Government and it will remain under the absolute control of the
Government. But it shall not be sold until six months of expiration period from
the date when attachment was done and no claims and objections were made
under Section 84. But if property is of perishable nature then Court may sold it
whenever it thinks sale would be for the benefit of the owner.
• Restoration of property is done:
• If the proclaimed person appears within two years from the date of the
attachment and satisfies the court that he did not abscond or conceal himself
for the purpose of avoiding execution of the warrant and that he had no notice
of the proclamation, the property or net proceeds of the sale after deducting
the cost of the attachment shall be delivered to him.
Appeal
• 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.