Proclamation for person absconding.
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).
Read also Section 81 of THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 – BNSS