Proclaimed offenders

What is Proclaimed Offender?

A proclaimed offender generally refers to an individual who has been officially declared by a court as evading arrest or failing to appear in court after a proclamation has been issued against them. This designation typically implies that the person is wanted by law enforcement for specific criminal charges and is actively avoiding legal proceedings. The proclaimed offender is often used interchangeably with 'proclaimed person' in legal contexts. The word "Proclaim" comes from the Old French word "proclamer", which means "to cry out publicly" or "to announce loudly". This Old French word is derived from the Latin words "pro" (meaning "forth" or "out") and "clamare" (meaning "to cry out" or "to shout").

Black's Law Dictionary does not define a "proclaimed offender" directly but it does define the one who absconds, as a person  trying to hide, conceal, or absent oneself clandestinely, with the intent to avoid legal process and fleeing from arresting or prosecuting officers of the state. This designation typically implies that the individual is evading arrest or legal proceedings, leading to specific legal consequences.

So, the proclaimed offender "Proclaimed Offender" literally means someone who has been publicly declared or announced as an offender whereas an individual against whom a proclamation has been issued under Section 82(1) of the CrPC, but who has not yet been declared a proclaimed offender is only a proclaimed person.

Historical Evolution of ‘Proclaimed offender’

1882 code: The notion of a Proclaimed offender as it exists today did not always find a place in the Code. In the 1872 Code, there was no mention of Proclaimed offenders. It was in Section 45 of the 1882 Code that the words were first found, only in respect of the duties of village officers to make a report.

1894 code: In 1894, an explanation clause was added to Section 45 thereby expanding the definition of Proclaimed offender. This was the first instance when the list of Sections currently found in Section 82(4) found a place in the Code.

1898 code: The 1898 Code retained Section 45 with respect to Proclaimed offenders in its amended form, which became Section 40 CrPC, 1973.

1973 Code: The 2005 Amendment formalised the designation of 'proclaimed offenders' under Section 82(4) of the CrPC, requiring a specific proclamation to be issued by a Magistrate for an accused person who is evading arrest.

2023 Sanhita: This Sanhita now allows courts to try proclaimed offenders in absentia under section 356 of the Act after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgement.

Legal Provisions for Proclaimed Offender in CrPC

The official definition of a proclaimed offender is not explicitly stated in the Code of Criminal Procedure (CrPC) itself. However, it is understood through Section 82 [ now section 84 of the Bharatiya Nagarik Suraksha Sanhita], which allows a court to declare a person as a proclaimed offender if they are accused of specific offences and fail to appear before the court as required by a proclamation issued under Section 82(1). This declaration triggers legal consequences, including the potential for arrest and property attachment.

In Lavesh v. State ( NCT of Delhi), the Supreme Court of India clarified the legal status of a 'proclaimed offender' under the Criminal Procedure Code (CrPC), emphasising that this designation carries significant legal consequences, including the ability to arrest without a warrant. The court highlighted the importance of adhering to the procedural requirements set out in Section 82 of the CrPC when issuing proclamations.

2005 Amendment

The changes to the concept of "Proclaimed Offender" were brought about through the 2005 amendment to the Code of Criminal Procedure (CrPC) in India, specifically through the insertion of new sections and amendments to existing sections.The amendment strengthened provisions to deal with absconding accused, enabling courts to declare them proclaimed offenders, attach their property, and issue arrest warrants. This aims to improve the criminal justice system's ability to handle such cases, ensuring justice is served. The changes provide a robust framework for courts to handle proclaimed offenders, enhancing the overall effectiveness of the criminal justice system in dealing with those who evade arrest or fail to appear during trial, ensuring accountability. The following changes were brought in:

Declaration of absconding accused as proclaimed offender

- The 2005 amendment introduced a new provision through section 82 [now section 84 of the Bharatiya Nagarik Suraksha Sanhita] allowing courts to declare or publish an absconding accused as a proclaimed offender if they fail to appear or abscond during trial, with publication either in official gazette, public places or electronic media. This was now applicable to not just accused of no-bailable offences but also to persons accused of economic offences or an offence under NDPS Act 1985.

Attachment of property of proclaimed offender

- The amendment introduced a new provision through section 83 [now section 85 of the Bharatiya Nagarik Suraksha Sanhita] enabling courts to attach the property, movable or immovable, or both of a proclaimed offender to ensure their presence during trial. Thus, this simplified the process by enabling attachment through a single order of either kind of property.

Timeframe for release of property and Objection in the case of proclaimed offender

- The amendment modified section 84 [now section 87 of the Bharatiya Nagarik Suraksha Sanhita] by introducing a 6-month timeframe for automatic release of property if no further action is taken. Additionally, it allowed for the release of the property on application by the owner or interested person.

Procedure in case of proclaimed offender

- The amendment introduced a new provision in section 85 [now section 88 of the Bharatiya Nagarik Suraksha Sanhita] outlining the detailed procedure to be followed when dealing with proclaimed offenders for their release, sale and restoration of attached property, ensuring a more efficient and effective process. It specified the contents of the proclamation and the process for its dissemination.

Enhanced Penalties

The amendment introduced Section 174A to the Indian Penal Code (IPC), which prescribes increased penalties for individuals who disobey proclamations, with punishments ranging from three to seven years of imprisonment, compared to the previous maximum of six months.

Limitation on Legal Actions

The amendment limited the ability of law enforcement to act against individuals who are merely proclaimed offenders, meaning that those with only a proclamation issued against them may evade certain legal consequences under Sections 40, 41, 43, and 73 of the CrPC.

Modifications Under Bharatiya Nyay Sanhita (BNS) and Bhartiya Nagrik Suraksha Sanhita (BNSS)  

The New Criminal Laws have incorporated stringent provisions for dealing with offenders evading the process of law. Earlier, in CrPC proclaimed offenders could be declared in 19 offences only. In BNSS any person absconding from legal proceedings in offences punishable with 10 years or more or life imprisonment or death sentence may be declared as “proclaimed offender”. In BNSS, for proclaimed offenders a new provision has been added for the identification, attachment and forfeiture of their property situated outside India. The BNSS introduces the procedure for in-absentia trials of proclaimed offenders. Now the process will not be halted waiting for the proclaimed offender to join the process. The victim and society need not wait for justice.

Official Definition of Proclaimed Offenders

Bharatiya Nyaya Sanhita (BNS) under section 124 defines a proclaimed offender as someone who has been declared so by a court under Section 126. Further, section 126 empowers magistrates to declare a person a proclaimed offender if they:

   - Fail to appear before the court despite repeated summonses (Sub-section 1).

   - Abscond or conceal themselves to avoid arrest (Sub-section 2).

Also, section 127 outlines the process for declaring someone a proclaimed offender, including:

   - Publication of a proclamation (Sub-section 1).

   - Attachment of properties (Sub-section 2).

Bharatiya Nagarik Suraksha Sanhita (BNSS) on the other hand gives a new procedural layout. It Allows for the collection and analysis of physical and biological samples from arrested persons, including proclaimed offenders, to aid investigations and prevent crimes. It  further enables the police to arrest a proclaimed offender without a warrant. It permits the court to attach the property of a proclaimed offender. Forfeiture of Property of Proclaimed Offenders who are staying Abroad is a special addition in the BNSS’ introduced provisions for identifying, attaching, and forfeiting the property of proclaimed offenders. The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908.  Videography of Search and Seizure Operations-It mandates the Audio-video electronic means of search and seizure operations, ensuring transparency and adherence to procedures.

The  scheme of Chapter VI of the CrPC envisages issuing summons, warrants, and notices to compel the appearance of an accused in court. If a court has reason to believe that an accused person is intentionally evading these processes, it may issue a proclamation notice and direct them to appear at a specified time and place. After issuing a proclamation notice, a court may also pass an order attaching any property that belongs to the absconding accused, in order to compel their appearance in court. If they fail to appear pursuant to a proclamation notice, and they are accused of an offence specified in s.82(4) CrPC, the court may declare them as a ‘proclaimed offender’.

The BNSS proposes three modifications to this scheme. One, it clarifies the nature of offences for which an accused may be declared as a proclaimed offender. Two, it allows courts to try proclaimed offenders in absentia, i.e., without them being personally present. Three, it allows courts to request for assistance in attaching properties belonging to proclaimed persons in countries or places outside India.

Interestingly, earlier a person could have been declared a “proclaimed offender” only under a few sections. Even heinous offences like rape, traffficking, etc.were not covered under this category. Under BNSS, significant changes have been brought in section 84(4) where it has been provided that proclaimed offenders can be declared in all the offences which are punishable with imprisonment of 10 years or more, or with life imprisonment or with death.

'Proclaimed Offender' as found in other official documents and report(s)

The 41st Report of the Law Commission of India :

It does not explicitly define "proclaimed offender." Instead, it discusses the procedural aspects and implications of proclamations under the Code of Criminal Procedure (CrPC), focusing on the need for clarity and effectiveness in handling absconding accused persons. The report emphasized on the need of giving power to the judges to pronounce judgments even if one or more accused are absconding or are not present making it clear that the power is used only to prevent undue delays. A consequential amendment will also be needed in section 383 in order to provide that in such cases the Magistrate shall issue a warrant for the arrest of the accused who is absent. The report emphasises the importance of legislative provisions related to the arrest and prosecution of individuals who evade legal proceedings. The commission's rationale for these recommendations was rooted in the inadequacy of existing provisions in dealing with absconding accused. Similar concerns have been pointed out for delay in issuing proclamation orders against absconding accused. It stressed the importance of a more effective mechanism to ensure that accused individuals face trial, thereby upholding the integrity of the criminal justice system.

Uttar Pradesh Police Regulation Report:

Any person for whose appearance a proclamation has been issued under Section 82 of the Code of Criminal Procedure, 1973 (2 of 1974)  is an absconded offender within the meaning of this Chapter. Absconded offenders have been divided into two classes : A and B; class A will include all absconders whose names, caste, residence, and antecedents have been verified beyond all possibility of doubt; class B consists only of those persons whose real names, residence and antecedents have not been ascertained. Other details on the procedure of taking action against proclaimed offenders has also been provided.

Note- All escaped transmarine convicts should be registered automatically as absconded offenders of class A.

Odisha Police Regulation Report:

Via Police Circular Order 306/2000 containing the procedure of declaring persons evading arrest viz. absconders and deletion of Police Circular Order 246/82 regarding the register of shown absconders in the C.S. Sub Rule (a) of Rule 118 of the Police Manual classifies absconders into two classes, namely

(i) those against whom proclamations under section 82 Cr. p.c. have been issued, and

(ii) those against whom such proclamations have not been issued.

Sub-rule (d) of the same Police Manual lays down the names of these absconders against whom Proclamation under section 82 Cr. P. C. have NOT been issued shall be entered in the Absconders' Register only, under the orders of the District S. P. whereas the O.I.C. of the P.S. shall immediately, after an order under section Section 82 Cr.p.c. is issued, alter the name of the person in the Ahsconders' Register if his name is not already there in the register on the orders of the District S.P.

Palwal Haryana police guidelines :

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. s.82 CrPC

BNSS Handbook Delhi Police Academy :

The expression "proclaimed offender" includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act which if committed in the territories to which this Sanhita extends, would be an offence punishable under any of the offence punishable with imprisonment for ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023. Under this section, there is no major change in the provision except clause 2 (ii) whereby it is mentioned that the expression "proclaimed offender" includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act which if committed in the territories to which this Sanhita extends, would be an offence punishable under any of the offence punishable with imprisonment for ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023.

Further, Under section 356, when a Proclaimed Offender is absconding to evade trial, the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgement.

Jharkhand Police Manual :

Details on the procedure of taking action against proclaimed offenders/absconders has been provided.

Jharkhand Police Manual Details about Absconders

Telangana State Police SOP

As per the Standard Operating Procedure (SOP) of the Crime Investigation Department of the state police, the proclaimed offender is a person who is accused of an offence made punishable with imprisonment of 10 years or more or imprisonment for life or with death under Bharatiya Nyaya Sanhitha, 2023 or any other law for time being in force, and such person fails to appear at a specified place and time required by proclamation. The Court after making inquiry pronounces him a proclaimed offender.

To declare a person as Proclaimed Offender -

1. He should be accused of a Criminal Offence.

2. When he does not appear before the Court of Law to answer the charge or trial.

3. The concerned Court will issue a Warrant against the Accused.

4. When the Warrant cannot be executed on the Accused or the person against whom a warrant has been issued is absconding or concealing himself so that such warrant cannot be executed on him.

5. The concerned Police will return the Warrant to the Court which has issued it

'Proclaimed Offender' as defined in case law(s)

1. In Sanjay Bhandari v. State (NCT of Delhi) the Delhi High Court's ruling introduced a radical interpretation, suggesting that the term "proclaimed offender" should be limited to specific offences, leading to significant debate and conflicting opinions among various High Courts. The question that arose of consideration here is as to whether a person who is not accused of any of the offences mentioned in section 82(4) Cr. P.C. can be declared a Proclaimed Offender. The ruling stated that a person who is accused of offences other than the ones enumerated in section 82(4) and qua whom a proclamation has been published under section 82(1) would be a ‘Proclaimed person’ and not a deemed ‘Proclaimed Offender’. There is no provision other than section 82(4) for pronouncing such a person as a proclaimed offender and 82(4) applies only in respect of persons accused of sections of IPC enumerated therein.
2. In Deeksha Puri v. State of Haryana Justice MMS Bedi's judgement had argued that the 2005 Amendment did not alter the principle that "proclaimed person" and "proclaimed offender" are synonymous, which contradicted the Delhi High Court's interpretation. The rationale in this case was that holding all persons qua whom a declaration has been published under section 82(1) Cr. P.C. as proclaimed offender in any other interpretation would render the provisions of section 174A IPC otiose and redundant. The reasoning given by learned Judge in Deeksha Puri (supra) inter alia is that

l“Sub-section (4) of Section 82 Cr. P.C., if read, independent of the other sub-sections of Section 82Cr.P.C. and provision of Section 174-A IPC and Section 174 IPC, is capable of being misconstrued to mean that it is only that accused person, facing trial, only for offences mentioned in Section 82(4), who can be declared “proclaimed offender” after publication under Section 82(1)(2) and (3) Cr. P.C. giving immunity to the other absconders from being declared “proclaimed offenders”. In that imaginary situation, it appears to be a relaxation clause. But if sub-sections (4) and (5) of Section 82 Cr. P.C. are read alongwith sub-sections (1) and (2) of Section 82 Cr. P.C. and Scheme of other provisions of Cr. P.C. and Sections 174 and 174 A IPC, following the Rule of “Contextual construction”, and “Harmonious Construction”, it would avoid the risk of making interrelated provisions becoming otiose or devoid of meaning. The intention of legislation to make stringent penal provisions of Section 174 A IPC for securing the presence of an absconder by providing 7 years imprisonment for avoiding summons, warrants or proclamation, under Section 82(1) Cr. P.C. can not be ignored while construing Section 82(4) Cr. P.C. One can not negate the effect of Section 174-A IPC and render it redundant by misconstruing the Section 82(4) Cr. P.C. to mean that it is meant to provide relaxation to offenders of offences not covered under Section 82(4) Cr. P.C.”

Puneet Sharma v. State of Punjab case law followed Justice Bedi's approach, further complicating the legal andscape by not addressing the conflicting judgments and reinforcing the lack of a uniform approach within the Punjab and Haryana High Court.

In Rahul Dutta v. State of Haryana it was established a precedent that only individuals accused of offences listed under Section 82(4) can be declared as proclaimed offenders, creating a divergence from the Delhi High Court's broader interpretation.

The leading case Sunil Tyagi v. state of NCT of Delhi is known for its guidelines on improvement for keeping better tracking of the list of proclaimed offenders. The judgement made suggestions qua issuance of proclamations at the investigation stage, trial stage, post trial stage and post conviction stage and other general requirements.

“There are three stages when a person can be declared as a proclaimed offender, namely, during investigation; during trial and post-conviction

During trial

The scenario of abscondance during trial stands on a different footing, at least as compared to abscondance during investigation. In this category, the accused has crossed the stage of joining the investigation and he has been summoned by a court as an accused to face trial after recording a finding of existence of sufficient material against him. By this time, cognizance of the offence is also taken by the Magistrate/Sessions Courts under Sections 190 and 193CrPC.

There can be two sub-categories. First category can be of those who have not entered appearance in the trial even once. The second category would contain those accused who stop appearing during the course of trial after initially entering appearance and furnishing the bail bond. In the first category, the court has to ensure that the address at which the accused is sought to be served is the true and complete address of the accused. Many a times, either deliberately or out of ignorance, the prosecuting agency, complainant end up furnishing and incorrect and incomplete address of the accused. Consequently, the court is constrained to issue processes at such address resulting in non-service and many a times, it leads up to issuance of proclamation against the accused as his last known address.

In the second category, once the accused has entered appearance and furnished bond not only his complete and correct address is available with the court but by entering appearance in the trial accused comes to know of the pendency of the proceedings against him. His absence or abscondence, post his entering appearance in the trial, is a circumstance which can be relied heavily against the accused.

Concepts Similar to Proclaimed Offenders

There are generally two types of proclaimed offenders as recognized in legal contexts:

1. Proclaimed Person: This refers to an individual against whom a proclamation has been issued under Section 82(1) of the CrPC, but who has not yet been declared a "proclaimed offender." They are essentially individuals who are evading arrest but may not necessarily be accused of specific offences listed in Section 82(4). In some cases, even the proclamations might not have been issued under section 82 of CrPC.
2. Proclaimed Offender: This designation applies to individuals who have been formally declared as such by a court under Section 82(4) of the CrPC, specifically for failing to appear in response to a proclamation for certain specified offences. This classification carries additional legal consequences, including potential penalties under Section 174A of the IPC.
3. Absconder: As per the Code of Criminal Procedure (CrPC), an absconder can be declared a Proclaimed Offender under Section 82 CrPC, which states:

(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 publication of such proclamation.

(2) The proclamation shall be published as follows:-

(i) (a) in the court-house;

(b) (b) in the village or town where the person is last known to have resided, or where he was last known to be;

(c) (c) in some conspicuous place of the court-house and also in some conspicuous place of the village or town aforesaid;

(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 where the person is last known to have resided, or where he was last known to be.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified date, 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 date."

International Experience

It is important to take into consideration the development around the definition clause of Proclaimed offenders in Common Law countries and others too.

• United Kingdom: In the UK, there is no specific statute that defines 'proclaimed offender.' Instead Police, Crime, Sentencing and Courts Act 2022 introduces new measures to prevent absconding, including:

Section 137: Absconding from bail

- Increases the maximum sentence for absconding from bail from 6 months to 2 years

- Allows courts to impose electronic monitoring as a condition of bail

Section 138: Failure to appear at court

- Increases the maximum sentence for failing to appear at court from 6 months to 2 years

- Allows courts to issue a warrant for the arrest of a defendant who has failed to appear

Additionally, the Bail Act 1976 has been amended by the Police, Crime, Sentencing and Courts Act 2022 to include new provisions related to absconding.

• South Africa: The  legislation to  consider on preventing accused from absconding trials in South Africa is the Criminal Procedure Act (CPA). The CPA sets out the procedures for bail applications and the considerations for releasing an accused person on bail.

Key Provisions incorporate:

- Section 60(11) of the CPA states that an accused person charged with a Schedule 5 offence must adduce evidence that satisfies the court that the interests of justice permit their release ¹.

- Section 60(4)(b) of the CPA provides that the interests of justice do not permit the release from detention of an accused where there is a likelihood that the accused, if released on bail, would attempt to evade their trial ¹.

The High Court of South Africa in Luphondo v S considered the release of an accused person on bail pending an appeal ¹. The court applied the provisions of the CPA and considered the interests of justice, the seriousness of the offence, and the likelihood of absconding in making its decision.

• United States: The proclaimed offender 'proclaimed offender' is not commonly used in U.S. law. Instead, statutes such as

Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322):

- Section 20201: Amended 18 U.S.C. § 3141 to increase the maximum penalty for failure to appear.

Additionally, courts may use various tools to prevent absconding, including:

1. Electronic monitoring: Courts may order electronic monitoring as a condition of release (18 U.S.C. § 3142(c)(1)(B)).

2. Sureties: Courts may require sureties (guarantors) to pledge property or money to secure the defendant's appearance (18 U.S.C. § 3142(c)(1)(A)).

3. Bail bonds: Courts may require defendants to post bail bonds, which are forfeited if the defendant fails to appear (18 U.S.C. § 3142(c)(1)(A)).

• Canada: In Canada, the legislation on preventing accused from absconding domestic trials in Canada is Section 475 of the Criminal Code of Canada. This section allows a trial to continue in the absence of an accused who has absconded during the course of their trial.

Key Points:

- Accused Absconding: If the accused absconds during the trial, they are deemed to have waived their right to be present at the trial .

- Continuation of Trial: The court may continue the trial and proceed to a judgement or verdict and, if it finds the accused guilty, impose a sentence on them in their absence .

- Warrant and Adjournment: If a warrant is issued for the arrest of the accused, the court may adjourn the trial to await their appearance .

- Interests of Justice: The court may continue the trial at any time if it is satisfied that waiting for the accused to appear is no longer in the interests of justice.

Overall, the concept of a 'proclaimed offender' varies significantly across nations, with some having formal legal definitions tied to specific statutes, while others use more general proclaimed offenders to describe individuals evading law enforcement, reflecting differing legal traditions and approaches to criminal procedure. Various case precedents also adventure into the meaning of the proclaimed offender. Let us see some of them.

Appearance of 'Proclaimed Offender' in Database

The following E-court data is usually available along with the Police Station records.

E-courts( District Courts Specific)(mentioning about court’s practice)

Different district courts publish the data and generate the list of proclaimed offenders in the following manner. Data from the court of FTSC POCSO Act, gurugram indicating CIS Number, case title, name of proclaimed offender, father’s name, gender, FIR No., police station, PO declare order, respective sections.

• FTSC Pocso Act, Court Gurugram
  

  Sample List of Proclaimed Offenders - Gurgaon Court. available at https://districts.ecourts.gov.in/sites/default/files/Proclaimed%20Offenders_0.pdf

• Faridabad district court File: Faridabad district court.png

Sample List of Proclaimed Offenders at Ambala District court https://districts.ecourts.gov.in/sites/default/files/PO%20LIst%20upto%20March%202021.pdf

E-Court, District and Session Judge, Ambala

Central government Ministries database for data on proclaimed offender

• 

  CCTNS Portal https://www.digitalpolicecitizenservices.gov.in/centercitizen/login.html
  Crime and criminal tracking Network and System under Ministry of home affairs through e-digital police services; details available on proclaimed offender by citizen login through phone number to obtain details for any time frame. Crime and Criminal Tracking Network and Systems (CCTNS) was a project started in 2009 to provide for greater transparency in the policing system. Every state has a CCTNS portal wherein information relating to proclaimed offenders FIR status, missing persons, etc can be found. The data on proclaimed offenders or absconders can be accessed online for certain States, as provided below. To conduct a search for a proclaimed offender, the required information includes name of person, district to which he belongs, date range of proclamation, police station etc. File:CCTNS.png
• 

  Ministry of Corporate Affairs Details on Proclaimed Offenders https://www.mca.gov.in/content/mca/global/en/data-and-reports/rd-roc-info/proclaimed-offenders.html
  Ministry of corporate affairs(MCA) data and reports on the list of proclaimed offenders statewise.

State Police Database and CCTNS

Different State Police operate through the network of CCTNS or their own databases to procure the routine list of proclaimed offenders. The details required are Name of offender, his district, FIR No., Sex, Offence/ sections charged under, his address, Father Name and others. The Delhi Police follows ZIPNET to keep a track. Goa Police and Punjab Police also have their own database to generate a list of proclaimed offenders. But we can easily track such data from the Maharashtra CCTNS and Haryana CCTNS.

• 

  Delhi Police CCTNS AND ZIPNET https://zipnet.delhipolice.gov.in/index.php?page=po_search&criteria=browse_all
  

  list of Proclaimed Offenders Delhi Policehttps://training.delhipolice.gov.in/PDF/PublicData/EVENTS_20200122124830806.pdf
  Delhi Police ZIPNET and CCTNS-The details available for proclaimed offenders for browsing with aforementioned information; Enter the details of the FIR; and other required details to obtain desired search information
• Haryana Police CCTNS
  

  Proclaimed Offender List with details can be retrieved with information like Name and Photograph, FIR Details, police station and Contact no. of IO. available at https://haryanapolice.gov.in/Citizen%20Services/PublicImformationMenu?id=2
• Maharashtra police CCTNS- It mentions Absconders instead of Proclaimed Offenders.
  

  https://citizen.mahapolice.gov.in/Citizen/MH/Index.aspxMaharashtra Police CCTNS
• Goa Police Database
  

  https://citizen.goapolice.gov.in/web/guest/proclaimed-offenders Goa Police CCTNS
• Punjab police database
  

  Punjab Police CCTNShttps://punjabpolice.gov.in/proclaimedoffenders.aspx

Research that engages with 'Proclaimed Offender/Absconder'

Parliament Of India Rajya Sabha Department-Related Parliamentary Standing Committee On Home Affairs Two Hundred Forty Seventh Report On The Bharatiya Nagarik Suraksha Sanhita, 2023

The Sanhita expands the category of "proclaimed offenders" to include offences punishable with imprisonment of 10 years or more, life imprisonment, or the death penalty. The BNSS introduces provisions for identifying, attaching, and forfeiting the property of proclaimed offenders located outside India. It allows trials in absentia for proclaimed offenders.The inclusion of a provision for attachment of property of a proclaimed offender, in Clause 86 of the BNSS, as well as the provision for investigation in a place outside India, as provided in Clause 112(1) is an appreciable step. The Committee believes that these provisions will serve as a potent tool for deterring criminal activities, facilitating the recovery of ill-gotten gains, and will also encourage international cooperation, making it an invaluable aspect of the legal framework.

Department-Related Parliamentary Standing Committee On Home Affairs Report No. 246 Two Hundred Forty Sixth Report On The Bharatiya Nyaya Sanhita, 2023

The Committee appreciates that the Government has introduced a new clause 48 in the proposed Bharatiya Nyaya Sanhita to allow prosecution of a person located in foreign country who abets the commission of any act in India which would constitute an offence if committed in India. The Supreme Court of India in the year 2008 had opined that the Parliament may come out with an appropriate legislation in this regard. The Committee feels that addition of this provision has given effect to the opinion of the Supreme Court. Prior to this proposed provision, there was no law to prosecute a person located outside India and who abets the commission of an offence in India. However, the Committee contemplates that execution of sentence outside territorial jurisdiction of the country would still be strictly governed by the international treaties. It is pertinent that clause 356 of BNSS - ‘Inquiry trial or judgment in absentia of proclaimed offender’ and clause 112 of BNSS – ‘letter of request to competent authority for investigation in a country or place outside India’ are put to use with seriousness in order to bring the offenders to justice under section 48 of BNS.

Understanding the need for judicial Impact Assessment

The pendency in Section 138 cases can also be due to the accused absconding and hence the cases do not move forward. In civil money recovery cases, ex-parte orders are pronounced, when a party to a proceeding does not appear before the court. The process to decide an accused as a proclaimed offender in a criminal proceeding could be a longer process than an ex-parte declaration given in a civil proceeding. This may also impact the pendency rate as the cases will be continuing and cannot be disposed of without the suitable declaration being issued in a criminal proceeding.

Delays in the Grant of the Bail: Suggestions Lost in the Sands of Time

Section 339B of the Code of Criminal Procedure, 1898 of Bangladesh was referred in recommending another solution – the court noted that as delay in some cases has been on account of some of the accused absconding during trial, the court recommends that perhaps an amendment to the Code of Criminal Procedure, 1973 may be in order whereby courts may be permitted to try such absconding accused in their absence.

Challenges

Under the following heads, the challenges faced have been enlisted:

• Ambiguity in Definitions: The terms 'proclaimed offender' and 'proclaimed person' have been subject to varying interpretations, particularly after the 2005 amendment to Section 82 of the Criminal Procedure Code (CrPC). This ambiguity can lead to confusion in legal proceedings, as courts may apply different standards for what constitutes a 'proclaimed offender,' impacting the rights of the accused and the efficacy of law enforcement.

• Inconsistent Judicial Interpretations: Various High Courts in India, such as the Delhi High Court and the Punjab & Haryana High Court, have issued conflicting rulings regarding the criteria and implications of declaring someone a 'proclaimed offender.' For instance, the Delhi High Court's restrictive interpretation limits the application of Sections 40, 41, 43, and 73 of the CrPC, while other courts may adopt a broader view, leading to a lack of uniformity in legal practice.

• Procedural Delays and Procedural Non-Compliances: The process of issuing proclamations under Section 82 can be cumbersome, often involving multiple hearings and bureaucratic steps. These delays can allow offenders to evade law enforcement for extended periods, undermining the effectiveness of the legal system and prolonging the suffering of victims. In Prosecution of cases of Section 174A IPC, the procedural compliance required by Section 195 CrPC at the stage of cognizance needs to be adhered to.

• Tracing of proclaimed offenders would require accurate personal identification details like: Good quality photographs; Fingerprints; Name, parentage, date of birth, native place and last known address; Copies of Photo Identity documents like passport, PAN card, EPIC card, proof of address etc.; Identification marks and general descriptors like height, prominent facial looks etc.; Communication details: e-mail ID, mobile number, landline number etc.; and Social Media accounts if any: Facebook, WhatsApp etc which are unfortunately in some cases not easily accessible.

• Inadequate efforts with tracing Proclaimed Offenders in international jurisdictions: –When a Proclaimed Offender is suspected to have crossed over to an international jurisdiction, systematic efforts to trace the Proclaimed Offenders across international jurisdictions are not always launched by investigative agencies. Assistance of INTERPOL channels are not always taken by means of issue of suitable INTERPOL notice to alert foreign law enforcement agencies on the Proclaimed Offender and seek their assistance in tracing and tracking.

• Limited engagement of public assistance in tracing of Proclaimed Offenders: Measures are needed to be taken to give wide publicity regarding Proclaimed Offenders mainly by measures detailed in section 82(2) CrPC.

Way Ahead:

Under the following heads, the way ahead has been enlisted:

• Legislative Clarity: To address the ambiguity, the government should consider amending the CrPC to provide explicit definitions and criteria for declaring a 'proclaimed offender.' This could include clear guidelines on the types of offences that warrant such a declaration and the legal consequences that follow, ensuring consistency across jurisdictions.

• Standardised Judicial Guidelines: The Supreme Court of India could issue comprehensive guidelines that outline the procedural requirements and substantive criteria for courts when designating individuals as 'proclaimed offenders.' This would help harmonise interpretations and ensure that all courts apply the law uniformly, reducing the risk of arbitrary decisions.

• Streamlined Processes: Implementing technology-driven solutions, such as digital platforms for filing and processing proclamations, could significantly expedite the legal process. Additionally, training law enforcement and judicial officers on efficient practices for handling cases involving proclaimed offenders can enhance the overall effectiveness of the system, ensuring timely justice and reducing the chances of offenders evading arrest.

• Public Awareness Campaigns: Initiatives aimed at educating the public and law enforcement about the legal framework surrounding proclaimed offenders can foster better understanding and compliance. Workshops, seminars, and informational materials can help clarify the rights of individuals and the responsibilities of authorities.

• Resource Allocation: Governments should allocate adequate resources to law enforcement agencies to enhance their capabilities in tracking and apprehending proclaimed offenders. This includes investing in technology, training, and personnel to improve operational efficiency.

• Oversight Mechanisms: Establishing independent oversight bodies to review cases of declared proclaimed offenders can help prevent misuse of power and ensure accountability. These bodies can investigate complaints and provide recommendations for reform where necessary.

• Collaboration with Technology Firms: Partnering with technology firms to develop advanced tracking systems and databases can improve the efficiency of locating and apprehending proclaimed offenders. Utilising data analytics and artificial intelligence can enhance predictive policing efforts and resource allocation.

• A central database of the proclaimed offenders will be prepared similar to the Crime and Criminal Tracking Network & System (CCTNS) for sharing information between the state police with respect to the proclaimed offenders. The data base shall include the details of Proclaimed offenders/absconders involved in cases registered in branch and the details of Proclaimed offenders/ absconders wanted in cases of other law enforcement agencies who are residents of places within the jurisdiction of the branches and likely to visit their home districts.

• This is high time that names, addresses and pictures if any of Proclaimed offenders are made public on different governmental website i.e. NCRB, CBI, Delhi Police and other State Police.

• Unified Criminal Justice System (UCJS) propounds a unified software environment which connects each and every duty holder under criminal justice system in a seamless manner alongside an AI enabled intelligent data keeping

• Maintenance of dossiers of absconders as provided under CBI Manual – The names of all absconding accused shall be entered in the Dossier Sub-Module of CRIMES Module and/or in a register of absconders, which should be maintained in each Branch.

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