Post is based on the Punjab & Haryana High Court judgment wherein it Sets Aside Proclaimed Person Order Due to Non-Compliance of BNSS Procedure. Thus Proclaimed Person Order Set Aside-Chandigarh HighCourt when due procedure not followed.

In an important judgment dated 06 March 2026, the Punjab & Haryana High Court reiterated that courts must strictly follow the mandatory procedure under Section 84 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) before declaring an accused as a Proclaimed Person.

Proclaimed Person (PP) Order Set Aside

The Court set aside the proclamation order against the petitioner after finding serious procedural lapses.

📄 Gurcharan vs State of Haryana
Punjab & Haryana High Court – Decision dated 06.03.2026

📌 Background of the Case

• FIR registered under:
  • Sections 302, 323, 34 IPC
• Police Station:
  • Kaithal Sadar, Haryana
• Trial Court:
  • Declared the petitioner a Proclaimed Person on 27.10.2025

The petitioner approached the High Court under Section 528 BNSS challenging the proclamation order.

⚖️ Petitioner’s Main Arguments

The petitioner contended that:

• He was never properly served with notice/warrants
• Trial Court failed to record satisfaction regarding:
  • Absconding
  • Intentional concealment
• Mandatory procedure under Section 84 BNSS (earlier Section 82 CrPC) was not followed

The petitioner also undertook to:

• Appear before the trial court regularly

🏛 High Court’s Key Observations

The Court emphasized:

Personal liberty can only be curtailed through strict compliance with legal procedure under Article 21 of the Constitution.

The Court referred to earlier judgments explaining the mandatory requirements for proclamation proceedings.

📖 Important Principles Reaffirmed by the Court

🔹 Prior Warrant Is Mandatory

Before proclamation:

• Court must first issue warrant of arrest

🔹 Court Must Record Satisfaction

The Court cannot mechanically declare a person proclaimed.

It must be prima facie satisfied that:

• Accused is absconding OR
• Concealing himself intentionally

🔹 30 Clear Days Requirement Mandatory

The proclamation must provide:

• At least 30 clear days for appearance

Failure makes proceedings invalid.

🔹 Proper Publication Procedure Essential

The Court reiterated that proclamation must be published through all mandatory modes:

✔ Public reading
✔ Affixation at residence
✔ Affixation at Court premises

All conditions are mandatory and conjunctive.

🔹 Non-Compliance Makes Proceedings Void

The High Court observed:

Failure to comply with mandatory proclamation procedure renders the order unsustainable.

❌ What Was Wrong in This Case?

The High Court found:

• Trial Court failed to record proper satisfaction
• No proper compliance with Section 84 BNSS
• Publication requirements were not properly established

Thus, the proclamation order was passed in a casual and mechanical manner.

✅ Final Order

The High Court:

• Set aside the proclaimed person order dated 27.10.2025
• Directed petitioner to appear before trial court within 4 weeks
• Ordered release on bail upon furnishing bonds
• Directed filing of undertaking for regular appearance

The Court clarified:

• Failure to appear within stipulated period would automatically vacate the relief

📌 Key Legal Takeaways

✔ Proclaimed person proceedings require strict compliance
✔ Courts cannot issue proclamation mechanically
✔ 30-day rule under BNSS is mandatory
✔ Article 21 protections apply even in criminal procedure
✔ Defective proclamation orders can be quashed by High Court

🧑‍⚖️ Why This Judgment Matters

This ruling reinforces procedural safeguards under criminal law and protects individuals from arbitrary proclamation proceedings.

It sends a strong message that:

“Liberty cannot be curtailed through casual or defective procedure.”

🔍 Search more on Website regarding Below Topics-

Section 84 BNSS explained
Proclaimed person order set aside
Punjab Haryana High Court proclamation case
Section 82 CrPC mandatory procedure
BNSS criminal procedure 2026
Quashing proclaimed offender order

More on 99888-17966.

Responses from AI on Google:

• Procedural Flaws: The proclamation can be quashed if the court failed to meticulously follow the mandatory publication procedure (e.g., failing to give 30 days’ notice, or not recording written reasons for believing you were absconding).
• No Deliberate Evasion: If you can prove you were unaware of the court proceedings, were residing at a known address, or were out of the country, the declaration can be deemed a nullity.
• Compromise or Settlement: If the underlying case (e.g., a Section 138 cheque bounce case) has been amicably resolved and withdrawn, the High Courts frequently quash the subsequent PO proceedings. [1, 2, 4, 5, 6]

1. Surrender Before Court: A proclaimed person typically cannot seek regular relief or cancellation of the proclamation without first appearing physically in court.
2. File a Recall Application: Have your lawyer move a formal application detailing the reasons for your non-appearance and highlighting any statutory breaches in the initial proclamation.
3. Reference Precedents: When arguing for the cancellation of a PO order, your counsel can refer to established legal principles regarding procedural compliance, such as those discussed on Indian Kanoon.
4. Examine High Court Rulings: In situations where the proclamation was issued mechanically, High Courts have firmly set aside such orders. You can read analyses of these judgements via resources like Latest Laws.
5. Explore Database Options: For finding specific case laws where courts have set aside proclaimed offender orders in your jurisdiction, look into legal repositories like CaseMine. [2, 3, 7, 8]