How declare proclaimed offender

How declare proclaimed offender

Procedure to Declare a Person Proclaimed Offender

Summons, Warrants, and Proclamation are the measures by which the court seeks to ensure the appearance of the person/accused before itself, ranging from commutative to compulsive.

Ist step

A Summon is an order to appear before the court usually in criminal matters through a police officer. If the summon is not complied with or in extremely serious matters in the first instance only – the court may issue a warrant.

IInd step+

Bailable warrant – A warrant is an order to a police officer usually – to procure a person before the Court. A warrant may be bailable or non-bailable – in the former, the police officer executing the warrant is empowered to take security for the person’s appearance before the court without taking him in custody.

IIIrd step

Non-bailable warrant- on the other hand, when a warrant is non-bailable, the police officer arrests the person and produces him before the court, the court then may remand him to custody or grant bail.

IVth step

Proclamation- However if the person whose appearance is sought, absconds or avoids warrants proclamation can be done. Under proclamation a person is given the final chance to produce himself – this proclamation is posted at a conspicuous place of his residence or last known address and at the court house (also in national newspapers) giving him 30 days  to appear in the court as a final chance – if he fails to – he is declared a proclaimed offender – being declared a PO has grave ramifications – a person can be arrested sans warrant by any police officer in the country. His property can be attached and sold. Usually, where there is a chance of person leaving country – a lookout circular is also issued seeking to rule out chances of leaving the country.

Remedy for a Proclaimed Offender –

If a person declareD proclaimed offender, then he has to appear before the court at the any stage of the life because the validity of the order till the time when the offender does not produce himself before the court who declare him proclaimed offender and once the person appears before the court then order of proclamation is automatically disposed of . Except producing himself before the court offender can take the benefit of two other remedies granted by the law.

Anticipatory Bail –

Some time person intentionally avoids giving the appearance before the court and some time unintentionally like complainant or police give the wrong address to the court of the accused and court issue the warrant on that address and after the no- compliance of the warrant person declare the proclaimed offender. In both of situation, the person can apply for the anticipatory bail against the proclamation order by giving the actual fact to the court. Ist he applies before the session court and if he fails, then before the High court.

Quashing of the order of declaring proclaimed offender-

Another remedy is available for the person is he can file quashing petition against the order of the proclamation. If the accused person would appear before the court and court could send him in the jail with immediate effect. Escaping from this situation, the accused person after due consultation with an experienced criminal lawyer can file the quashing petition of the order in which he was declared proclaimed offender. And make the prayer that he will join the court proceeding and never remain absent on the fixed date before the trial court.

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