Section 84 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Proclamation For Person Absconding.

Code: Section 84 BNSS

Proclamation for an Absconding Person

(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).

Explanation of Section 84 BNSS

Section 84 BNSS provides a legal framework for declaring a person as absconding if they evade arrest. If a warrant cannot be executed, the Court can issue a proclamation requiring them to appear before a specified authority.

Key Provisions of Section 84 BNSS

1. Proclamation for Absconding Persons

   • If the accused is evading arrest, the Court publishes a proclamation directing them to appear within at least 30 days.

2. Publication of Proclamation

   • The proclamation must be:
     • Publicly read in a prominent place in the accused’s town/village.
     • Affixed to their house or another prominent location.
     • Posted in the Court-house.
   • The Court may also publish it in a newspaper for wider notice.

3. Legal Presumption of Proclamation Compliance

   • Once the Court states in writing that the proclamation was published, it is conclusive evidence that due process was followed.

4. Declaration of a Proclaimed Offender

   • If the accused fails to appear, and the offense is punishable by 10 years or more, life imprisonment, or death, the Court may declare them a proclaimed offender.

5. Application of the Same Procedure for Proclaimed Offenders

   • The process followed for a proclamation also applies to declaring a person a proclaimed offender.

Illustration

Example 1: Proclamation for an Absconding Accused

A person accused of financial fraud is evading arrest despite a warrant being issued. The Court issues a proclamation, which is:

• Read publicly in their neighborhood,
• Posted at their residence,
• Affixed in the Court-house,
• Published in a newspaper if necessary.

Since the accused fails to appear within 30 days, further legal action is taken.

Example 2: Declaring a Proclaimed Offender

A person accused of murder (punishable by death or life imprisonment) absconds. After issuing a proclamation, the Court, upon non-appearance, declares them a proclaimed offender, triggering more severe consequences like seizure of property.

Common Questions and Answers on Section 84 BNSS

1. What is a proclamation under Section 84 BNSS?

A written public notice issued by a Court directing an absconding accused to appear within a specified time (not less than 30 days).

2. When is a proclamation issued?

When the Court believes that a person against whom a warrant has been issued is absconding or hiding to avoid arrest.

3. How is a proclamation published?

• Publicly read in the town/village of residence.
• Affixed at the accused’s residence and the Court-house.
• Optionally published in a newspaper.

4. What happens if an accused fails to appear after a proclamation?

• If the offense is punishable by 10 years or more, life imprisonment, or death, the Court can declare them a proclaimed offender.
• This may lead to seizure of property and more severe legal consequences.

5. Can an accused challenge the proclamation?

Yes. If the legal procedure under Section 84 BNSS is not followed correctly, the accused may challenge it in a higher Court.

Conclusion

Section 84 BNSS is a crucial provision ensuring that absconding individuals cannot evade justice. It establishes:
✅ A legal process to summon absconders
✅ A method to inform the public and authorities
✅ The power to declare a person a proclaimed offender

By enforcing accountability and preventing misuse of legal processes, this section strengthens the criminal justice system.

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