When an accused person absconds or conceals themselves to avoid arrest, the court may issue a proclamation requiring their appearance. If the accused fails to appear, the court may attach their property. These provisions (S.84-93 BNSS) secure the presence of absconding accused persons and prevent them from enjoying their property while evading justice.
Legal Framework
| Provision | Subject |
|---|---|
| S.84 BNSS (formerly S.82 CrPC) | Proclamation for absconding person |
| S.85 BNSS (formerly S.82 CrPC) | Publication of written proclamation |
| S.86 BNSS (formerly S.83 CrPC) | Attachment of property of absconding person |
| S.87 BNSS (formerly S.84 CrPC) | Claims and objections to attachment |
| S.88 BNSS (formerly S.85 CrPC) | Release, sale, or restoration of property |
| S.89 BNSS (formerly S.85 CrPC) | Power to sell attached property |
| S.90 BNSS (formerly S.86 CrPC) | Appeal by aggrieved person |
| S.91 BNSS (formerly S.87 CrPC) | Procedure when person declared proclaimed offender |
| S.92 BNSS (formerly S.87 CrPC) | Warrant in lieu of summons |
| S.93 BNSS (formerly S.88 CrPC) | Absconding accused and his property |
Why: A person who absconds denies the court its jurisdiction and the prosecution its right to a fair proceeding. Proclamation and attachment are coercive civil measures to compel appearance. They are not punishment but process to secure attendance.
Example: Accused Dheeraj, charged with fraud, learns that a warrant has been issued. He flees to another city and switches off his phone. The court issues a proclamation under S.84: "Dheeraj shall appear within 30 days. This notice is affixed at his last known residence, read aloud in his village market, and published in a local newspaper." 30 days pass no show. Now under S.86, the court attaches his flat and car. Dheeraj isn't being "punished" he hasn't been convicted yet. The attachment is a hook to drag him back: "Appear in court, or watch your property get sold." The moment he appears, the attachment can be lifted.
Proclamation for Absconding Person (S.84)
When Issued:
A court may issue proclamation when:
- A warrant has been issued for the person's arrest, AND
- The court has reason to believe the person has absconded or is concealing themselves to avoid execution of warrant
Contents of Proclamation (S.85):
| Element | Detail |
|---|---|
| Specify time and place | Where person must appear (not less than 30 days from publication) |
| State that failure to appear | Will result in being declared a proclaimed offender |
| Publication | (a) Publicly read in conspicuous place in district, (b) Affixed at conspicuous place of residence, (c) Affixed on conspicuous part of courthouse, (d) Published in newspaper and/or electronic media |
Electronic Publication (New under BNSS):
S.85 permits publication through electronic and digital media in addition to traditional methods.
Why: Absconding persons may be traced through digital footprint; electronic publication ensures wider reach.
Attachment of Property (S.86)
When Ordered:
After proclamation, if the court is satisfied that the proclaimed person:
- Has absconded AND
- Has no intention of appearing
The court may order attachment of property (movable/immovable) belonging to the proclaimed person.
Procedure:
| Step | Detail |
|---|---|
| 1 | Court makes order of attachment specifying property |
| 2 | Property taken into custody or placed under restraint |
| 3 | Notice issued to person and interested parties |
| 4 | If person appears and explains absence satisfactorily, attachment released |
| 5 | If person remains absent for 6 months, property may be sold |
| 6 | Proceeds deposited with State; may be applied toward costs |
Claims and Objections (S.87):
Third persons claiming interest in attached property may file objections. The court shall hold an inquiry and release property if claim is established.
Proclaimed Offender (S.91)
A person declared a proclaimed offender:
- May be arrested by any police officer without warrant
- May be arrested by any person in whose presence the proclamation was read
- Trial may proceed in absentia under certain conditions
Why: Once declared a proclaimed offender, the person has exhausted all opportunities to appear voluntarily. The law treats their absence as deliberate defiance of judicial authority.
Recall Check
- What is the minimum time between proclamation and the appearance date?
- When can property of an absconding accused be sold?
- What is the new BNSS provision regarding publication of proclamation?
Key Cases
Lavesh v. State of Haryana (2012) Lavesh-v-State-of-Haryana-2012 Issue: Whether a person can be declared a proclaimed offender without following mandatory procedure. Rule: Proclamation must strictly comply with S.82 CrPC (now S.84-85 BNSS); non-compliance renders declaration void. Held: Before declaring a person proclaimed offender, the court must ensure: (1) warrant was issued and could not be executed, (2) proclamation was duly published in all prescribed modes, (3) minimum 30-day period was given. Non-compliance with any step vitiates the proclamation.
Distinctions
| Parameter | Proclamation (S.84-85) | Attachment (S.86) |
|---|---|---|
| Stage | First step | Second step (after proclamation fails) |
| Nature | Notice to appear | Seizure of property |
| Effect | Opportunity to appear | Coercion to compel appearance |
| Target | Person | Property of person |
| Reversal | Person appears: proclamation satisfied | Person appears: attachment released |
| If person remains absent | Declared proclaimed offender | Property sold after 6 months |
Flashcards
Q: What is the minimum period between proclamation and required appearance? A: 30 days from the date of publication (S.85).
Q: When can the court order attachment of property? A: After proclamation, when satisfied that the person has absconded with no intention of appearing (S.86).
Q: When can attached property be sold? A: If the proclaimed person remains absent for 6 months after attachment.
Q: What new mode of publication does BNSS permit for proclamation? A: Electronic and digital media in addition to newspaper and physical affixture.
Q: Can a proclaimed offender be arrested without warrant? A: Yes. Under S.91, any police officer or person may arrest a proclaimed offender without warrant.
Q: What recourse does a third party have if their property is wrongly attached? A: S.87: file objection before the court; court conducts inquiry and releases property if claim established.
Exam Scenario
A court issues a proclamation under S.84 against X who is absconding in a fraud case. The proclamation is only published in a local newspaper but not affixed at X's residence or at the courthouse. After 30 days, the court declares X a proclaimed offender and orders attachment of his house. X's wife challenges the proceedings. Advise.
Under S.85 BNSS, proclamation must be published in all prescribed modes: (a) publicly read in a conspicuous place in the district, (b) affixed at a conspicuous place of X's residence, (c) affixed on a conspicuous part of the courthouse, and (d) published in a newspaper/electronic media. Per Lavesh v. State of Haryana (2012), non-compliance with the mandatory publication requirements renders the declaration void. Here, only newspaper publication was done; affixture at residence and courthouse was not complied with. The proclamation is defective. X's wife can challenge: (1) the declaration as proclaimed offender is void for non-compliance with mandatory procedure, (2) the attachment order falls with the proclamation, (3) the house must be released from attachment. The court must re-issue the proclamation with full compliance before proceeding to attachment.