Procedure for declaring a person accused of an offence as proclaimed offender is being governed by the provisions of section 82 Cr.P.C. From 1/7/24 after BNSS 2023 will come in force, procedure prescribed in section 84 BNSS will be followed.
Section 84 (1) (2) (3) BNSS contain the same provision as it was there in Section 82 (1) (2) (3) of Cr.P.C. which provided that:-
(1) 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.
(2) The proclamation shall be published as follows:—
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(b) 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;
(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;
(ii) 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.
(3) 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.
The change which has been brought by section 84 BNSS is specially in respect of declaring a person as proclaimed offender under sub section (4) i.e. old section 82 (4) Cr.P.C.
In Cr.P.C.a person can be declared as proclaimed offender only if he commits any of the 19 offences mentioned in section 82 (4), however in BNSS any person who has committed an offence punishable with imprisonment of ten years or more , life imprisonment or death whether under Bhartiya Nyay Sanhita 2023 or any other law for the time being in force can be declared as proclaimed offender under section 84 (4) of BNSS 2023.
It is worthwhile to mention that in order to declare a person as proclaimed offender, first he should be declared as proclaimed person in 84(1) BNSS and if he fails to appear within the specified time, can be declared as Proclaimed Offender on the application of investigating officer, provided his case falls under sub-section 4 of section 84 BNSS.
If a person against whom a proclamation has been issued under section 84(1) or 84(4) of BNSS fails to appear before the court within specified time, he commits an offence under section 209 of BNS 2023 which is cognizable and non-bailable offence, punishable with imprisonment for 3 and 7 years respectively.
