Punjab & Haryana High Court Issues Guidelines On Proclamation Under Section 82 CrPC

The Punjab and Haryana High Court has laid down detailed guidelines for the issuance of a proclamation under Section 82 of CrPC, its publication, declaration as 'proclaimed offender,' and  to invoke criminal proceedings against him for offence under Section 174-A of IPC. 

Justice Arun Monga said that for the issuance of a proclamation under Section 82 CrPC, the Court must deliberate upon its previous efforts to secure the presence of the accused through other legally permissible means, such as the issuance of summons and the execution of bailable and/or non-bailable warrants.

• The phrase "reason to believe," as articulated in Section 82 of CrPC, signifies that the Court must derive its belief from the available evidence and materials that the concerned person has absconded or is concealing himself to evade execution of warrant of arrest.
• in the proclamation, it must be set forth as to "where and when the concerned individual must present himself."

For Publication Of Proclamation

• All three prescribed modes under Section 82(2) must be adhered to, namely public reading in a conspicuous location within the town, fixation of the proclamation at a prominent spot at the person's house, and the court house.
• Failure to follow all or any of above three modes will renders the proclamation invalid as sub-clauses (a) to (c) are mutually exclusive.

For Declaration as Proclaimed Offender

• The Court shall pass a speaking order stating relevant facts and record its satisfaction that the proclamation has been duly and properly published in the prescribed manner.
• It must ensure that a period of not less than thirty days has expired between the date of publication of the proclamation and the date indicated in the proclamation for the individual's appearance. If the period fall short of 30 days then the person cannot be declared as proclaimed offender.
• A person can be declared “Proclaimed offender” only where the proclamation published under sub-section (1) of section 82 CrPC is in respect of Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459, 460 of IPC.

To Invoke Criminal Liability Under section 174-A IPC

• The Court highlighted that CrPC does not prescribe an automatic or obligatory invocation of further criminal liability under Section 174-A of IPC. "In every case where an individual fails to appear pursuant to he being declared as ‘proclaimed person’ or ‘proclaimed offender’ after the publication of the proclamation under subsection (1) of Section 82 of the Code," the bench adds.
• The Court should exercise due circumspection, apply its mind to the facts and circumstances of each case.
• Once the Court decides to proceed against the petitioner for an offence under Section 174-A of the IPC, it is imperative to institute a formal written complaint in the competent jurisdictional court.

Appearance: Prashant Bansal, Advocate for petitioner.

 Dhruv Dayal, Additional A.G., Punjab.

Sumit Dua, Advocate for respondent No. 2.

Citation : 2023 LiveLaw (PH) 181