PROCLAIMED OFFENDER

[DR.MARIAPPAN GOVINDARAJAN]

A special court on 14.06.2016 declared Shri Vijay Mallaya as a proclaimed offender by a Special Court on a plea by the Enforcement Directorate in connection with its money laundering probe against him in alleged bank loan default under Section 82 of Criminal Procedure Code.    But before resorting to this mode, the Directorate has virtually exhausted all legal remedies, including seeking an Interpol arrest warrant and getting his passport revoked.    The Directorate is also having an option to seek action under Section 83 of the Criminal Procedure Code for the attachment of the property of the person absconding.

In this article the provisions relating to declaration of  a person as a proclaimed offender is discussed in brief.

Proclaimed offender

If any Court has reason to believe that any person against whom a warrant of arrest 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 30 days from the date of publishing such proclamation. Where a proclamation published is in respect of a person accused of certain specified heinous offences and such person fails to appear at the specified place and time required by the proclamation may pronounce him a ‘Proclaimed Offender’ and make a declaration to that effect under  Section 82 of Criminal Procedure Code.

Offences for declaration

The Court may pronounce an absconder as a proclaimed offender if he is accused of any of the following offences:

• Murder; Culpable homicide not amounting to murder;
• Kidnapping or abducting in order to murder; Kidnapping or abducting in order to subject person to grievous hurt, slavery etc.
• Committing theft after making preparation for death, hurt or restraint in order to commit the theft; Committing robbery or attempting to do so; Causing hurt in committing robbery; Committing dacoity/ dacoity with murder; Committing robbery/dacoity with attempt to cause death or grievous hurt; Attempting to commit robbery/dacoity when armed with deadly weapon; Preparing to commit or assembling to commit dacoity; Belonging to a gang of dacoits;
• Causing mischief by fire or explosive substance with intent to destroy house, etc.
• Committing house-trespass in order to commit offence punishable with death; Causing grievous hurt/death while committing lurking house-trespass or house-breaking; Being member of group that causes grievous hurt/death while committing lurking house-trespass or house-breaking by night.

Proclamation requiring the appearance of a person accused

WHEREAS complaint has been made before me that ______ (name, description and address) has committed (or is suspected to have committed) the offence of _______ punishable under ______ section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said ________ (name) cannot be found, and whereas it has been shown to my satisfaction that the said ________ (name) has absconded (or is concealing himself to avoid the service of the said warrant);

Proclamation is hereby made that the said _______ of ________ is required to appear at ________ (place) before this Court (or before me) to answer the said complaint on the ________ day of _________ Dated, this _______ day of _______, 20___

(Seal of the Court)

 (Signature)

 

Publication of proclamation order

The proclamation order issued by a Court may be published in the following way-

• It is publicly read in some conspicuous place of the town or village in which such person ordinarily resides ;
• It is 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;
• A copy of the proclamation is affixed to some conspicuous part of the Court-house.

Arresting of a proclaimed offender

The primary responsibility for securing the arrest of a proclaimed offender rests with the police of the station in which he is a resident. A Proclaimed Offender may, however, be arrested by any police officer without any order from a Magistrate and without a warrant. Any private person may arrest a PO and hand him over without unnecessary delay to a police officer/ nearest police station.

Punishment for non appearance

If the proclaimed offender does not appear in response to the proclamation order issued under Section 82 of Criminal Procedure Code, the following punishment will be awarded-

• Whoever fails to appear at the specified place and the specified time as required by a proclamation by the Court of the type described above is punishable with imprisonment for a term which may extend to 3 years or with fine or with both; and
• Where a declaration has been made by the Court pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to fine under Section174-A Indian Penal Code.

Attachment of property

Section 83 of Criminal Procedure Code provides for attachment of any  of the property of the proclaimed offender in order to compel his appearance before the Court.

Harboring

Whoever knowingly harbors a proclaimed offender to prevent his apprehension is liable to be punished under section 216 IPC with imprisonment up to 7 years in certain cases.

Display of the name in the police station

A list is hung up in the office of each police station and a duplicate is displayed on the police station notice board of all proclaimed offenders who are absconding in cases registered in the home police station or in cases registered in other police stations, but resident of or likely to visit the home police station. The names of all such proclaimed offenders are also entered in the Police Station Register No.10 (Surveillance Register). The CRO Branch of the SP Office maintains a register of proclaimed offenders in two parts:

• Part I contains the names of all residents of the home district irrespective of the districts in which proclaimed. The names shall be entered according to the police station of which the proclaimed offenders are resident;
• Part II contains the names of all offenders proclaimed in but not resident of the district. These will be entered according to the district of which they are said to be resident.

Revision of list of proclaimed offenders

The Superintendent of Police periodically revises the list of proclaimed offenders and the names of persons accused of trivial offences or concerned in cases where from lapse of time, no sufficient evidence is on record or is procurable, are omitted after consultation with the District Magistrate and the Superintendent of Police of the district in which such person was proclaimed. Whenever a proclaimed offender is arrested intimation is sent to the police station and district of which he was a resident so that his name can be struck off the register/list of proclaimed offenders. The name is likewise struck off on receipt of intimation of the death of the proclaimed person.