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.
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.
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.
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).
sub-section (4) as they apply to the proclamation published under sub-section (1).