Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 84: Proclamation for person absconding
(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.
(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence which is made punishable with imprisonment of ten years or more, or imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.
(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).
Brefe Detail
This section outlines the procedure for a Court to proclaim a person as absconding when a warrant has been issued against them. It details how the proclamation must be published, the requirements for evidence of publication, and the consequences for individuals accused of serious offenses who fail to respond to the proclamation.
Question & Answers
Q1: What can a Court do if it believes a person has absconded?
A1: The Court may publish a written proclamation requiring the person to appear at a specified place and time.
Q2: How long must the notice allow for the person to appear?
A2: The notice must specify a time not less than thirty days from the date of publishing.
Q3: What methods can be used to publish the proclamation?
A3: It can be read publicly, affixed to the person's residence, attached to the Court-house, or published in a local newspaper.
Q4: What happens if the absconding person is accused of a serious offense and fails to appear?
A4: The Court may declare them a proclaimed offender after appropriate inquiries.
Q5: What constitutes conclusive evidence of publication?
A5: A written statement by the Court confirming the proclamation was published as specified.
Example
If a person accused of a crime punishable by life imprisonment is believed to have absconded, the Court may issue a proclamation. This proclamation will inform the public and require the individual to appear within thirty days, published in both local venues and possibly a newspaper. If the individual does not comply, they may be declared a proclaimed offender.
Summary
Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, details the process for a Court to declare a person as absconding when a warrant is issued against them. It specifies the methods of publication for the proclamation, the timeline for response, and the legal implications for serious offenses if the individual fails to appear.
