C.—Proclamation and attachment
BNSS Section 84: Proclamation for person absconding
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 6: Processes to Compel Appearance
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84.
(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).
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 63. Form of summons
- 64. Summons how served
- 65. Service of summons on corporate bodies, firms and societies
- 66. Service when persons summoned cannot be found
- 67. Procedure when service cannot be effected as before provided
- 68. Service on Government servant
- 69. Service of summons outside local limits
- 70. Proof of service in such cases and when serving officer not present
- 71. Service of summons on witness
- 72. Form of warrant of arrest and duration
- 73. Power to direct security to be taken
- 74. Warrants to whom directed
- 75. Warrant may be directed to any person
- 76. Warrant directed to police officer
- 77. Notification of substance of warrant
- 78. Person arrested to be brought before Court without delay
- 79. Where warrant may be executed
- 80. Warrant forwarded for execution outside jurisdiction
- 81. Warrant directed to police officer for execution outside jurisdiction
- 82. Procedure on arrest of person against whom warrant issued
- 83. Procedure by Magistrate before whom such person arrested is brought
- 85. Attachment of property of person absconding
- 86. Identification and attachment of property of proclaimed person
- 87. Claims and objections to attachment
- 88. Release, sale and restoration of attached property
- 89. Appeal from order rejecting application for restoration of attached property
- 90. Issue of warrant in lieu of, or in addition to, summons
- 91. Power to take bond or bail bond for appearance
- 92. Arrest on breach of bond or bail bond for appearance
- 93. Provisions of this Chapter generally applicable to summons and warrants of arrest