What is Proclamation?

**Proclamation** is a formal public announcement issued by a court when a person against whom a warrant has been issued cannot be found or has absconded. The court publishes the proclamation requiring the person to appear at a specified place and time. If the person fails to appear, the court may attach their property and, ultimately, the person may be declared a **proclaimed offender**.

In everyday terms, a proclamation is the court's public notice saying: "This person is required to appear before the court. If they do not come, their property will be seized and they will face serious legal consequences."

Proclamation is a critical tool in criminal procedure that ensures that no accused person can evade the process of law simply by hiding or fleeing.

Legal Definition and Framework

Proclamation is governed by **Sections 82 to 85 of the Code of Criminal Procedure, 1973 (CrPC)** and **Sections 84 to 87 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023**.

Key Legal Provisions

- **Section 82 CrPC (Section 84 BNSS):** If a court has reason to believe that a person against whom a warrant has been issued has absconded or is concealing themselves to avoid execution of the warrant, the court may publish a written **proclamation** requiring the person to appear at a specified place and time, not less than **30 days** from the date of publication.

- **Section 83 CrPC (Section 85 BNSS):** If the proclaimed person does not appear within the time specified, the court may order **attachment of their property**, both movable and immovable. The attachment continues until the person appears or the court directs otherwise.

- **Section 84 CrPC (Section 86 BNSS):** Claims and objections to the attached property by third parties are adjudicated by the court.

- **Section 85 CrPC (Section 87 BNSS):** If the proclaimed person does not appear within six months of the attachment, the property may be sold and the sale proceeds held by the court.

Publication Requirements

The proclamation must be published by:

1. **Public reading** in a conspicuous place of the town or village where the person ordinarily resides.

2. **Affixing a copy** at a conspicuous part of the person's residence and at a conspicuous part of the courthouse.

3. **Publication in a daily newspaper** circulating in the area where the person ordinarily resides.

Proclaimed Offender

A person against whom a proclamation has been issued under Section 82 CrPC and who has failed to appear is commonly referred to as a **proclaimed offender**. Under the **Criminal Law (Amendment) Act, 2018**, the term has specific implications — courts can try such persons in absentia in certain circumstances, and enhanced penalties may apply.

Being declared a proclaimed offender has severe consequences: difficulty in obtaining bail, negative inference at trial, and the stigma of being treated as a fugitive from justice.

When Does This Term Matter?

When an Accused Absconds

The most common scenario is when an accused person, knowing that a warrant has been issued, flees or hides. The court cannot proceed with the trial without the accused's presence in most cases, so proclamation is the first formal step to compel appearance.

In Property Attachment Proceedings

If the proclaimed person fails to appear within 30 days, their property — including bank accounts, vehicles, real estate, and other assets — may be attached. This creates a powerful incentive to surrender. Third parties with legitimate claims on the property can file objections.

In Cases Involving Serious Offences

Proclamation is frequently used in cases involving murder, robbery, terrorism, and other grave offences where the accused has fled jurisdiction. The Supreme Court in **Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730** observed that the status of a proclaimed offender is a relevant factor when considering bail applications.

In Execution of Warrants

Proclamation is also used under **Order XXI Rule 22 of the CPC** in civil matters, where a judgment-debtor absconds to avoid execution of a decree.

Practical Significance

- **Prevents evasion of justice** — no person can escape trial simply by absconding.

- **Empowers courts** to take concrete action against hiding accused persons through property attachment.

- **Protects rights of third parties** who may have legitimate claims on the attached property through the objection mechanism.

- **Creates a public record** that the person is wanted, enabling law enforcement to track and apprehend them.

- **Bail implications** — courts are less inclined to grant bail to proclaimed offenders, treating absconding as evidence of flight risk.

Frequently Asked Questions

What happens if a proclaimed offender appears before the court after the proclamation period?

If the proclaimed offender **voluntarily surrenders** or is arrested, the court will take up the case for hearing. The attachment of property is lifted upon appearance. However, the person's prior absconding is treated as a relevant consideration in bail hearings and may weigh against them. The court may impose stringent bail conditions or deny bail altogether.

Can a proclamation be issued without first issuing a warrant?

No. Proclamation under Section 82 CrPC can only be issued **after a warrant of arrest** has been issued and the court has reason to believe the person has absconded or is concealing themselves. A summons alone does not justify proclamation. The sequential process is: summons, then warrant, then proclamation.

Is the property of a proclaimed offender automatically sold?

No. The property is first **attached** (seized but not sold). The proclaimed person gets further opportunity to appear. Only if the person fails to appear within **six months** from the date of attachment can the court order sale of the property under Section 85 CrPC. Even then, any person with a legitimate interest in the property may file objections, and the court must adjudicate those claims before proceeding with the sale.

Proclamation