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Arrest of a Proclaimed Offender

Arrest of A Proclaimed Offender

Who is a Proclaimed Offender?

A proclaimed offender is a person who escapes the legal procedure against him. The court declares such a person as a proclaimed offender and requires him to appear at a specific time and place in not less than thirty days.

Section 82 of the Code of Criminal Procedure defines the concept of ‘Proclaimed Offender’ or ‘PO’, ‘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.’

Also Read- Quashing of a PO Order

A proclaimed offender proceeding is a procedure of the court under which the court declares a person as a proclaimed offender and guides the concerned police officials to arrest the person who is named in the proceeding. The court also directs the police to produce him before the court. The name and other details ofsuch guilty party are duly published in the newspapers declaring him/her to be a proclaimed offender.

What are the proceedings of a proclaimed offender?

  • When an accuse does not appear in the Court after getting the bailable warrant, a non-bailable warrant is issued against the accused under Section 70 of the Code of Criminal procedure.
  • The issued warrant gives the power to the Police to arrest the accused anytime and at any place.
  • Then there are cases when even after gettingthe non-bailable warrants, the person does not appear in Court. In such cases, the Judge declares the person as “Proclaimed Offender” referring the Sections 82 and 83 of the Code of Criminal procedure.

Also Read- Declared PO by Court, then read this.

 

What are the consequences of being a proclaimed offender?

  • As a consequence, such accused can be arrested by any citizen of India at any time or at any place.
  • The Passport of such personis automatically taken away to prevent him from crossing the national boundaries.
  • In case of a government employee, such accused will lose his job and not just this, the proclaimed offender is prohibited from applying to any government job entire his life.

 

Also Read- GETTING DIRECTIONS FROM HIGH COURT IN CRIMINAL CASE

In a recent case, a person was declared as Proclaimed Offender. Following are the facts of the Case:

  • In the year 2015, on July 7, a complaint was filed by the property dealer Ram Chander who is the resident of MS Enclave, Dhakoli, Zirakpur.
  • Ram Chander was deceived of a large amount in a property deal in Ambala District. This case was lying pending in court as one of the accused was escaping the police.
  • But in the year 2018 on December 7th, this case gained some momentum when an accused named as Sukhdev Singh was arrested by the Mullana Police after raiding his house situated in Sardehri Village.
  • Earlier, the accused didn’t come to the court and also skipped the bail in this case and he was declared wanted in a case of property deal fraud.

Also Read- Stages of Criminal Trial Process in India

 

  • Now he has been arrested by the police in the case of cheating. Sukhdev was declared asa proclaimed offender by the court of Judicial Magistrate.
  • The police have told that the accused was presented before the court after which he was sent for 14 days judicial custody.
  • The case was registered under the Sections 406 (punishment for criminal breach of trust), Section 417 (punishment for cheating) and Section 420 (cheating and dishonestly inducing delivery of property) under the Indian Penal Code.
  • After arresting the accused, another case has also been registered against him under the Sections 174A and 229A of the Indian Penal Code. These sections deal with ‘failure by a person released on bail or bond to appear in court’.
  • Now, further investigation will be carried over this case by the police.

 

Also Read- Quashing by High Court Chandigarh

This post is written by Damini Aggarwal of Punjab University (2020 batch). For more info on the subject, please dial 99888-17966.

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