Bhim Yadav - Case Law Compilation-Merged

IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.C. NO.__________/2021
IN THE MATTER OF:
BHIM YADAV ……. PETITIONER
VERSUS
STATE …… RESPONDENT
CASE LAW/AUTHORITIES COMPILATION
Sr. No. Judgment/Document Paragraph/ Page

Article
Maintainability- A party can invoke the extraordinary jurisdiction of

the High Court under Section 482 Cr.P.C even where an application
under Section 397 Cr.P.C filed by the party in the Court of Sessions is
decided against him, if the revision order suffers from illegality and
calls for interference to secure the ends of justice.
1. H.K. Rawal and Ors. v. Nidhi Paras 15-19 1-7

Prakash and Ors. reported at
(@pg. 5-7)
MANU/UP/0432/1989
Purpose of Section 82 proceedings- served- if the petitioner/accused

appears before the learned Trial Court on his own
2. Veer Mahadev Singh Khalsa v. Cited in 9

State Through CBI reported at Sanjay
2003 (2) JCC 661 Chaturvedi
v. State
Since the petitioner was represented through his counsel, it is not a

case where he is “absconding” and evading the court process.
3. Sanjay Chaturvedi vs. State Para 8 8-11

reported at 2006 SCC OnLine Del
(@pg. 10)
1126
An order under Section 82 of the Cr.P.C., declaring a person

“absconder”, cannot be passed in mechanical manner
4. Kunwar Mahendra Pratap Singh v. Para 10 12-19

State of Uttar Pradesh and Ors.
(@pg. 17-
(Case No. 2261 of 2021, Allahabad
18)
High Court, dated 18.08.2021)
5. Md. Rustum Alam vs. the State of Paras 26-27 20-29

Jharkhand reported at
(@pg. 27)
MANU/JH/0578/2020
6. Sunil Tyagi vs. Govt. of NCT of Paras 441- 30-214

Delhi (CRL.M.C. 5328/2013, Delhi 454
High Court, decided on (@pg. 182)
28.06.2021)
(@pg.
Filed Through
Bharat Chugh, Sai Krishna and Roopali Mohan
Counsels for the Petitioner
I-5, Jangpura Extension, Delhi - 14 (India)
PH: +91-9582185888 Email: [email protected]

1
MANU/UP/0432/1989
Equivalent Citation: 1989(87) ALJ 732, 1989 (26) AC C 395, 1990C riLJ961, 1989(2)RC R(C riminal)393
IN THE HIGH COURT OF ALLAHABAD

FULL BENCH
Criminal Misc. Case No. 750 of 1989
Decided On: 27.04.1989
Appellants: H.K. Rawal and Ors.
Vs.
Respondent: Nidhi Prakash and Ors.
Hon'ble Judges/Coram:
B.N. Katju, C.J., Amarendra Nath Varma and Giridhar Malaviya, JJ.
Counsels:
For Appellant/Petitioner/Plaintiff: Murlidhar, Adv.
For Respondents/Defendant: S.A. Gilani, A.G.A.
JUDGMENT
B.N. Katju, C.J.
1 . This is an application under Section 482, Cr.P.C. praying that the order of the
Sessions Judge dated 6-10-1988 in revision and the summoning order dated 11-8-
1986 of the Judicial Magistrate, Meerut as well as the prosecution of the applicants in
complaint Case No. 2185 of 198,6 be quashed.
2. A preliminary objection was raised by the State Counsel before the learned single
Judge who heard this application that in view of the decision of the Supreme Court in
the case of Rajan Kumar Manchanda v. State of Karnataka 1988 ACC 54 the case of
Khem Singh v. Nathoo Ram Sharma1978 ACC 262 did not lay down good law and this
application was not maintainable.
3. The learned single Judge accordingly referred the under mentioned two questions
for consideration by a larger Bench:
(1) Whether the law laid down by" this Court in Khem Singh v. Nathoo Ram
Sharma 1978 ACC 262 is good law, in view of the judgment of the Supreme
Court in Raja Kumar Manchanda v. State of Karnataka 988 ACC 54 and
(2) Whether in a case where an application under Section 397, Cr.P.C. has
been made by any party in the Court of Session and the application is
decided against him, it is open to that party to invoke extraordinary
jurisdiction of this Court under Section 482, Cr.P.C. in any case to seek
redress against that order, despite the bar created in Sub-section (3) of
Section 397 of the said Code.
4. We are required to answer these questions.
5 . In the case of Khem Singh v. Nathoo Ram Sharma (supra) an application under
02-09-2021 (Page 1 of 7) www.manupatra.com Bharat Chugh

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Section 482, Cr.P.C, 1973 was filed in the High Court praying that the order of the
Additional Munsif-Magistrate discharging the accused respondents in a complaint case
under Sections 409, 420, 467, 468 and 471, I.P.C. be set aside. Before filing the
application in the High Court the applicant had filed a revision in the Court of Session
which was rejected by the Additional Sessions Judge. The learned single Judge who
heard that application referred the under mentioned question for decision to a Bench:
"Whether in a case where an application under Section 397 of the Code of
Criminal Procedure, 1973 has been made by any party in the Court of Session
and the application is decided against him it is open to that party to invoke
the extraordinary jurisdiction of this Court under Section 482 of the Code of
Criminal Procedure to seek redress against that order despite the provision
contained in Sub-section (3) of Section 397 and Sub-section (3) of Section
399 of the Code."
6. It was held by the Bench that "Sub-section (3) of Section 397 of the new Code will
not prevent a party from invoking the extraordinary jurisdiction of the High Court
under Section 482 of the new Code in a proper case covered by Section 482 of the
new Code."
7 . In order to determine whether the case of Khem Singh v. Nathoo Ram Sharma
1978 ACC 262 lays down good law it is necessary to examine the provisions of
Section 397 and 399, Cr. P.C. first.
8. It appears from a plain reading of Section 397(1), Cr. P.C. that the High Court and
the Sessions Judge have been conferred concurrent powers of revision. Section
397(2), Cr. P.C. provides that the powers of revision conferred by Sub-section (1)
shall not be exercised in relation to any interlocutory order passed in any appeal,
inquiry, trial or other proceeding. Section 397(3), Cr. P.C. gives an option to a
person to make an application in revision under Section 397(1), Cr. P.C. either before
the High Court or to the Sessions Judge but provides that no further application in
revision made by the same person shall be entertained by the other of them. It is
mentioned in Section 399(3), Cr. P.C. that if an application in revision is made by any
person before a Sessions Judge the decision of the Sessions Judge thereon in relation
to such person shall be final and no revision at the instance of such a person shall be
entertained by the High Court.
9. In the case of Rajan Kumar Manchanda v. State of Karnataka (1988) ACC 54 (SC)
it was held:
"The respondent State had challenged the order before Court of Session
when the learned Magistrate before whom the matter was proceeding
directed release of the truck in favour of the appellant. The Revisional Court
dismissed the petition of the State. A second revision did not lie at the
instance of the State to the High Court in view of the provisions of Section
397(3) of Cr. P.C. Obviously, to avoid this bar, the application moved by the
State before the High Court was stated to be under Section 482, Cr. P.C.
asking for exercise of inherent powers. In exercise of that power, the High
Court has reversed the order of the Magistrate as affirmed by the Sessions
Judge. The question for consideration is as to whether the bar under Section
397(3), Cr. P.C., should have been taken note of to reject the revision at the
instance of the State Government or action taken by the High Court in
exercise of its inherent power has to be sustained. It is not disputed by

3
counsel appearing for the State that the move before the High Court was
really an application for revision of the order of the Magistrate releasing the
truck. That is exactly what is prohibited under Section 397(3), Cr. P.C.
Merely by saying that the jurisdiction of the High Court for exercise of its
inherent power was being invoked the statutory bar could not have been
overcome. If that was to be permitted every revision application facing the
bar of Section 397(3), of the Code could be labelled as one under Section
482. We are satisfied that this is a case where the High Court had no
jurisdiction to entertain the revision."
10. It is clearly laid down in the above mentioned case that if a revision is filed by a
person against an order of the Magistrate before the Sessions Judge and it is
dismissed neither a revision can be entertained in the High Court at the instance of
such a person against the order of the Magistrate in view, of Section 397(3), Cr. P.C.
nor can the High Court interfere with the order of the Magistrate in the exercise of its
inherent power under Section 482, Cr. P.C. The bar bf revision against the order of
the Magistrate before the High Court under Section 397(3), Cr. P.C. cannot be
overcome by labelling the application as under Section 482, Cr. P.C.
11. In the case of Madhu Limaye v. State of MaharashtraMANU/SC/0103/1977 it was
held (Paras 6 and 10) :--
"In Amar Nath's case MANU/SC/0068/1977 as in this, the order of the trial
Court issuing process against the accused was challenged and the High Court
was asked to quash the criminal proceeding either in exercise of its inherent
power under Section 482 of the 1973 Code corresponding to Section 561A of
the Code of Criminal Procedure, 1898 hereinafter called the 1898 Code or the
old Code, or under Section 397(1) of the new Code corresponding to Section
435 of the old Code....
As pointed out in Amar Nath's case MANU/SC/0068/1977the purpose of
putting a bar on the power of revision in relation to any interlocutory order
passed in an appeal, inquiry, trial or other proceeding is to bring about
expeditious disposal of the cases finally. More often than not, the revisional
power of the High Court was resorted to in relation to interlocutory, orders
delaying the final disposal of the proceedings. The Legislature in its wisdom
decided to check this delay by introducing Sub-section (2) in Section 397.
On the one hand, a bar has been put in the way of the High Court (as also of
the Sessions Judge) for exercise of the revisional power in relation to any
interlocutory order, on the other, the power has been conferred in almost the
same terms as it was in the 1898 Code. On a plain reading of Section 482,
however, it would follow that nothing in the Code, which would include Sub-
section (2) of Section 397 also, "shall be deemed to limit or affect the
inherent powers of the High Court." But, if we were to say that the said bar is
not to operate in the exercise of the inherent powers at all, it will be setting
at naught one of the limitations imposed upon the exercise of the revisional
powers. In such a situation, what is the harmonious way out? In our opinion,
a happy solution of this problem would be to say that the bar provided in
Sub-section (2) of Section 397 operates only in exercise of the revisional
power of the High Court, meaning thereby that the High Court will have no
power of revision in relation to any interlocutory order. Then in accordance
with one or the other principles enunciated above, the inherent power will
come into play, there being no other provision in the Code for the redress of

4
the grievance of the aggrieved party. But then if the order assailed is purely
of an interlocutory character which could be corrected in exercise of the
revisional power of the High Court under the 1898 Code, the High Court will
refuse to exercise its inherent power. But in case the impugned order clearly
brings about a situation which is an abuse of the process of the Court or for
the purpose of securing the ends of justice interference by the High Court is
absolutely necessary, then nothing contained in Section 397(2) can limit or
affect the exercise of the inherent power by the High Court. But such cases
would be few and far between. The High Court must exercise the inherent
power very sparingly. One such case would be the desirability of the
quashing of a criminal proceeding initiated illegally, vexatiously or as being
without jurisdiction. Take for example a case where a prosecution is
launched under the Prevention of Corruption Act without a sanction, then the
trial of the accused will be without jurisdiction and after his acquittal a
second trial after proper sanction will not be barred on the doctrine of
Autrefois Acquit. Even assuming, although we shall presently show that it is
not so, that in such a case an order of the Court taking cognizance or issuing
processes is an interlocutory order, does it stand to reason to say that
inherent power of the High Court cannot be exercised for stopping the
criminal proceeding as early as possible, instead of harassing the accused up
to the end? The answer is obvious that the bar will not operate to prevent the
abuse of the process of the Court and/or to secure the ends of justice. The
label of the petition filed by an aggrieved party is immaterial. The High Court
can examine the matter in an appropriate case under its inherent powers."
1 2 . In the case of Municipal Corporation of Delhi v. Ram Kishan
RohtagiMANU/SC/0094/1982 Section 397(2), Cr. P.C. was dealt with and the case of
Madhu Limaye v. State of Maharashtra MANU/SC/0103/1977 was approved.
13. In the case of Raj Kapoor v. State (Delhi Administration) MANU/SC/0210/1979 a
petition under Section 482, Cr. P.C. was filed in the High Court to quash the order
summoning the accused in the exercise of its inherent powers instead of a revision
under Section 397, Cr. P.C. and it was held (para 10):--
"The first question is as to whether the inherent power of the High Court
under Section 482 stands repelled when the revisional power under Section
397 overlaps. The opening words of Section 482 contradict this contention
because nothing in the Code, not even Section 397 can affect the amplitude
of the inherent power preserved in so, many terms by the language of
Section 482. Even so, a general principle pervades this branch of law, when
a specific provision is made easy resort to inherent power is not right except
under compelling circumstances. Not that there is absence of jurisdiction but
that inherent power should not invade areas set apart for specific power
under the same Code. In Madhu Limaye's case MANU/SC/0103/1977 this
Court has exhaustively and, if I may say so with great respect, correctly
discussed and delineated the law beyond mistakes....I am, therefore clear in
my mind that the inherent power is not rebuffed in the case situation before
us."
14. In the case of V. C. Shukla v. State through C.B.I., MANU/SC/0284/1979 it was
held (Para 6) :--
"One of the questions that arose was as to whether an interlocutory order

5
which could be revised by the Sessions Judge, can be further revised under
Section 482 of the Code by the High Court because Section 397(3) permitted
the power of revision to be exercised only by the High Court or the Sessions
Judge but not by both of them. The limitation contained in Section 397(3)
runs as follows :--
"(3) If an application under this section has been made by any person either
to the High Court or to the Sessions Judge, no further application by the
same person shall be entertained by the other of them".
Sub-section (3), however, does not limit at all the inherent power of the High
Court contained in Section 482, as mentioned above. It merely curbs the
revisional power given to the High Court or the Sessions Judge under Section
397(1) of the Code. We need not dilate on this aspect because we are not
called upon to consider the interpretation of Section 397(3) of the Code,
although in one of the cases cited before us this aspect has been gone into
and that is why we have indicated the same."
1 5 . In the case of Madhu Limaye v. State of Maharashtra MANU/SC/0103/1977a
distinction has been made between an order which is purely interlocutory which could
be corrected in exercise of revisional power and an order though interlocutory which
results in the abuse of the process of the Court and/or calls for interference to secure
the ends of justice. If the order is purely interlocutory it cannot be interfered with by
the High Court in the exercise of its inherent powers under Section 482, Cr. P.C. but
if the order though interlocutory results in the abuse of the process of the Court
and/or calls for interference to secure the ends of justice it can be interfered with by
the High Court in the exercise of its inherent power under Section 482, Cr. P.C. as
Section 397(2), Cr. P.C. is a bar to the Exercise of revisional power by the High Court
and the Sessions Judge in respect of interlocutory orders but does not bar the High
Court from the exercise of its inherent powers under Section 482, Cr. P.C. In our
opinion the aforesaid principle is also applicable to cases covered by Section 397(3),
Cr. P.C. and Section 399(3), Cr. P.C. in view of the observations of the Supreme
Court in the case of V. C. Shukla v. State through C.B.I. MANU/SC/0284/1979. If the
application in revision is made under Section 397(1), Cr. P.C. to the Sessions Judge
by any person the order of the Sessions Judge is final in relation to such a person
and no revision at the instance of such person can be entertained by the High Court
and revisional power cannot also be exercised suo motu by the High Court in view of
Sections 397(3) and 399(3), Cr. P.C. The order of the Sessions Judge in revision can
also not be interfered with by the High Court in the exercise of its inherent powers
under Section 482, Cr. P.C. except in cases where it has resulted in the abuse of the
process of the Court and/or interference is called for to secure the ends of justice. If
the order of the Sessions Judge in revision has determined the dispute between the
parties, it cannot be interfered with by the High Court in exercise of its inherent
powers under Section 482, Cr. P.C. for to do so would make the bar under Sections
397(3) and 399(3), Cr. P.C. inoperative in view of the decision of the Supreme Court
in the case of Rajan Kumar Manchanda v. State of Karnataka 1988 ACC 54. Thus in
cases of conviction by the Magistrate which are not appealable the order of the
Sessions Judge in revision is final and cannot be interfered with by the High Court in
revision either at the instance of the same party or suo motu or in the exercise of its
inherent powers under Section 482, Cr. P.C. Similarly the order of the Sessions Judge
in revision in cases under Sections 125, 133/138 and 145, Cr. P.C. and against an
order of discharge by the Magistrate cannot be interfered with by the High Court-
either in exercise of its revisional powers at the instance of the same party or suo

6
motu or in the exercise of its inherent powers under Section 482, Cr. P.C. for these
are also some of the orders of the Sessions Judge which determined the dispute
between the parties. The order of the Sessions Judge in revision against a
summoning order or an order framing charge is, however, different as it does not
determine the dispute between the parties. If it results in the abuse of the process of
the Court and/or calls for interference to secure the ends of justice it can be
interfered with by the High Court in the exercise of its inherent powers under Section
482, Cr. P.C. as this is not barred under Section 397(3), Cr. P.C. and Section 399(3),
Cr. P.C.
1 6 . In this view of the matter there is no conflict between the decision of the
Supreme Court in the case of Rajan Kumar Manchanda v. State of Karnataka1988
AWC 54 and in the case of Madhu Limaye v. State of Maharashtra
MANU/SC/0103/1977 Raj Kapoor v. State (Delhi Administration)
MANU/SC/0210/1979 and V. C. Shukla v. State through C.B.I. MANU/SC/0284/1979.
In the case of Rajan Kumar Manchanda v. State of Karnataka (supra) the Magistrate
directed the release of truck in favour of the appellant. The order of the Sessions
Judge dismissing the revision filed by the State determined the dispute between the
parties regarding the possession of the truck and did not result in the abuse of the
process of the Court and/or call for interference to secure the ends of justice. It could
not thus be interfered with by the High Court either in revision at the instance of the
State or suo motu or in the exercise of its inherent powers under Section 482, Cr.
P.C. In the case of Madhu Limaye v. State of Maharashtra (supra) the order of the
trial Court issuing process against the accused was challenged. In the case of Raj
Kapoor v. State (Delhi Administration) (supra) the order summoning the accused was
challenged. In the case of V. C. Shukla v. State through C.B.I. (supra) the order
framing charge against the accused was challenged. The orders of the trial Court in
all these cases could result in the abuse of the process of the Court and/or call for
interference to secure the ends of justice. In such cases neither Section 397(2), Cr.
P.C. nor Section 397(3), Cr. P.C. could bar the exercise of the inherent powers of the
High Court to prevent the abuse of the process of the Court and/ or secure the ends
of justice. It may be mentioned that in the case of R. P. Kapur v. State of
PunjabMANU/SC/0086/1960 the scope of the exercise of the inherent powers of the
High Court under Section 482, Cr. P.C. in the matter of quashing criminal proceeding
in Court after the submission of the charge-sheet or complaint has been dealt with.
1 7 . It was thus wrongly held in the case of Khem Singh v. Nathoo Ram Sharma
MANU/UP/0508/1978 : 1978 AWC 262 that the inherent powers of the High Court
under Section 482, Cr. P.C. could be exercised to quash the order of the Additional
Munsif-Magistrate discharging the accused in a complaint case as it determined the
dispute between the parties in view of the decision of the Supreme Court in the case
of Rajan Kumar Manchanda v. State of Karnataka (supra).
18. For the reasons given above our answer to the first question referred to us is that
the case of Khem Singh v. Nathoo Ram Sharma (supra) does not lay down good law
with respect to orders of the Sessions Judge passed in revision which determine the
dispute between the parties as indicated in our judgment in view of the case of Rajan
Kumar Manchanda v. State of Karnataka 1988 ACC 54 but lays down good law with
respect to orders of the Sessions Judge passed in revision which result in abuses of
the process of the Court and/or call for interference to secure the ends of justice.
19. Our answer to the second question referred to us is that where an application
under Section 397, Cr. P.C. filed by any party in the Court of Sessions is decided

7
against him it is open to that party to invoke the extraordinary jurisdiction of the
High Court under Section 482, Cr. P.C. only if the order of the Sessions Judge has
resulted in the abuse of the process of the Court and/or calls for interference to
secure the ends of justice as the bar under Sections 397(3) and 399(3), Cr. P.C. is
not applicable to the exercise of the inherent powers by the High Court under Section
482, Cr. P.C. in such a case. If on the other hand the order of the Sessions Judge has
determined the dispute between the parties as indicated in our judgment, it cannot be
interfered with by the High Court in revision at the instance of the same party or suo
motu or in the exercise of its inherent powers under Section 482, Cr. P.C. in view of
the bar under Sections 397(3) and 399(3), Cr. P.C.
10. Let the record of the case be placed before the learned single Judge with our
answers to the questions referred to us.
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2006 SCC OnLine Del 1126 : (2006) 132 DLT 692 : (2006) 48 AIC 476 (Del) :
(2006) 4 CCR 178
Delhi High Court

BEFORE A.K. SIKRI, J.
Sanjay Chaturvedi … Petitioner;

versus
State … Respondent.
Crl. M.C. No. 6203 of 2006
Decided on September 26, 2006
Page: 693
The Judgment of the Court was delivered by
Crl. M.A. No. 10437/2006:

A.K. SIKRI, J.— Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
Crl. M.C. No. 6203/2006:
3. Notice. Mr. Soni accepts notice for the State. I have heard the learned Counsel at
length.
4. Complaint cases titled as Development Credit Bank v. Shamken Snippers Ltd.
under Sections 138/141, Negotiable Instruments Act, 1881 is filed in which the
petitioner Mr. Sanjay Chaturvedi is arrayed as one of the accused persons. He was
summoned for 14th July, 2006. Petitioner appeared through his Counsel on that date
and moved as application for exemption from his personal appearance. Finding no
merit in the said application, the same was dismissed by the learned ACMM. The
learned ACMM issued non-bailable warrants against the petitioner for 26th August,
2006. These NWBs could not be executed for 26th August, 2006 with the report that
premises were found locked and where about of petitioner could not be traced. In
these
Page: 694
circumstances, on 26th August, 2006, the learned ACMM has issued process under
Sections 82/83, Cr.P.C. against the petitioner and similar co-accused persons.
5. In this petition, the petitioner is challenging both the orders dated 14th July,
2006, issuing non-bailable warrants as well as order dated 26th August, 2006, issuing
process under Sections 82/83, Cr.P.C. It is the submission of Mr. Aggarwal, learned
Counsel appearing for the petitioner, that since petitioner had appeared through his
Counsel on 14th July, 2006 and moved an application for his exemption, even if the
said application was dismissed, in a case like this under Section 138 of the Negotiable
Instruments Act, 1881, the learned Trial Court could not be issued the non-bailable
warrants. He further submits that even on 26th August, 2006, the petitioner's lawyer
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had appeared and moved an application for his personal exemption. Though in the
order dated 26th August, 2006, attendance of petitioner's Lawyer is not recorded and
the application for exemption has also not been dealt with. His submission is that in
any case the process under Sections 82/83 could not have been issued when the
petitioner was not absconding and was in fact appearing through Counsel. In support
of the aforesaid submissions, the petitioner has relied upon the following judgments:
1. Praveen Juneja v. State of Delhi, 118 (2005) DLT 28.
2. Bhasker Sen v. State of Maharashtra, 2004 (3) JCC (NI) 180 (Bombay High
Court).
3. Veer Mahadev Singh Khalsa v. State, through CBI, 2003 (2) JCC 661.
4. Court on its own Motion v. State through CBI, 2004 (1) JCC 308.
5. Puneet Singh Chauhan v. State, 2003 (3) JCC 1485.
6. In case of Court on its own Motion v. State through CBI (supra), this Court had
issued directions for criminal Courts which are as under:
“Arrest of a person for less serious or such kinds of offence or offences those can be
investigated without arrest by the police cannot be brooked by any civilised society.
Directions for Criminal Courts—
(i) Whenever officer-in-charge of police station or investigation agency like CBI files
a charge-sheet without arresting the accused during investigation and does not
produce the accused in custody as referred in Section 170, Cr.P.C. the Magistrate
or the Court empowered to take cognizance or try the accused shall accept the
charge-sheet forthwith and proceed according to the procedure laid down in
Section 173, Cr.P.C. and exercise the options available to it as discussed in this
judgment. In such a case the Magistrate or Court shall invariably issue a process
of summons and not warrant of arrest.
(ii) In case the Court or Magistrate exercises the discretion of issuing warrant of
arrest at any stage including the stage while taking cognizance of the charge-
sheet, he or it shall have to record the reasons in writing as contemplated under
Section 87, Cr.P.C. that the accused has
Page: 695
either been absconding or shall not obey the summons or has refused to appear
despite proof of due service of summons upon him.
(iii) Rejection of an application for exemption from personal appearance on any date
of hearing or even at first instance does not amount to non-appearance despite
service of summons or absconding or failure to obey summons and the Court in
such a case shall not issue warrant of arrest and may either give direction to the
accused to appear or issue process of summons.
(iv) That the Court shall on appearance of an accused in a bailable offence release
him forthwith on his furnishing a personal bond with or without sureties as per
the mandatory provisions of Section 436, Cr.P.C.
(v) The Court shall on appearance of an accused in non-bailable offence who has
neither been arrested by the police/investigating agency during investigation nor
produced in custody as envisaged in Section 170, Cr.P.C. call upon the accused
to move a bail application if the accused does not move it on his own and release
him on bail as the circumstance of his having not been arrested during
investigation or not being produced in custody is itself sufficient to entitle him to
be released on bail. Reason is simple. If a person has been at large and free for
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several years and has not been even arrested during investigation, to send him
to jail by refusing bail suddenly, merely because charge-sheet has been filed is
against the basic principles governing grant or refusal of bail.
(vi) That the Court shall always keep the mandatory provisions of Section 440,
Cr.P.C. in mind while fixing the amount of bail bond or surety bond which
provides that the amount of bond shall never be “excessive” amount and take
into consideration the financial condition, the nature of offence and other
conditions, as “excessive” amount of bond which a person is not in position to
furnish amounts to denial of bail in a non-bailable offence and conversion of
bailable offence into non-bailable offence as the fundamental concept of granting
bail on bond is security of appearance of the accused person to answer the
charges and face the trial. Nothing more nothing less.
Principles that govern the grant of refusal of bail in other kinds of cases and shall be
followed in letter and spirit are as under:
(a) Bail should not be refused unless the crime charged is of the highest magnitude
and the punishment of it prescribed by law is of extreme severity;
(b) Bail may be refused when the Court may reasonably presume, some evidence
warranting that no amount of bail would secure the presence of the convict at
the stage of judgment;
(c) Bail may be refused if the course of justice would be thwarted by the person
who seeks the benignant jurisdiction of the Court to be freed for the time being.
(d) Bail may be refused if there is likelihood of the applicant interfering
Page: 696
with witnesses for the prosecution or otherwise polluting the process of justice; and
(e) Bail may be refused if the antecedents of a man who is applying for bail show a
bad record, particularly a record which suggests that he is likely to commit
serious offences while on bail.
(f) Similarly, the Court shall not while releasing a person on bail put any condition,
say in the form of deposit of extra amount of FDR, etc. of any amount which is
beyond the conditions permissible under Section 439, Cr.P.C.”
7. Likewise in the case of Puneet Singh Chauhan v. State (supra), fresh directions
were issued for compliance by the learned MMs and the Courts of Session in the
following words:
“In a bailable offence, the Courts of Metropolitan Magistrates and Sessions Judges
issuing the process of warrant of arrest under Section 89, Cr.P.C. for procuring the
appearance of the accused shall either on appearance by the accused on his own or
on his production by the police in execution of warrants of arrest shall release the
accused on his furnishing bond with or without sureties.”
8. In view of the aforesaid judgments laying down clear principles and procedure
which is required to be followed by the learned MMs and Courts of Session in such
cases, order dated 14.7.2006, issuing non-bailable warrants against the petitioner,
could not have been passed. Likewise I do not understand why the process under
Sections 82/83 was initiated when the petitioner was represented through Counsel
and it is not a case where he is absconding and evading the Court process.
9. In view of this and keeping the assurance given by the learned Counsel for the
petitioner that petitioner shall appear before the learned Trial Court on 28.9.2006, the
order dated 26th August, 2006, under Sections 82/83, Cr.P.C. against the petitioner is
hereby quashed. The non-bailable warrants shall not be executed against the
-----------------------------------------------------------------------------------------------------------------------------------------------------------
-
petitioner. The petitioner shall appear before the learned Trial Court on 28.9.2006 and
seek regular bail.
10. The petition stands disposed of.
11. Dasti under the signatures of the Court Master.
Petition disposed of.
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12
Reserved
Case :- U/S 482/378/407 No. - 2261 of 2021
Petitioner :- Kunwar Mahendra Pratap Singh

@ Chandan Singh
Opposite Parties :- State Of U.P. & Ors.
Counsel for Petitioner :- Mr S.P. Singh
"Somvanshi"
Counsel for Opposite Party :- Government
Advocate
Hon'ble Mrs. Saroj Yadav,J.

1. This petition under Section 482 of The Code
of Criminal Procedure, 1973 (in short "Cr.P.C.)
has been filed by the petitioner to quash the
non-bailable warrant (in short "NBW") dated
08.06.2021 issued by the Chief Judicial
Magistrate, Ayodhya as well as the order dated
02.07.2021 issued under Section 82 Cr.P.C.
against the petitioner in Case Crime No. 107 of
2021, under Section 60-A, 60 of Excise Act and
Sections 302, 307, 120B, 419, 420, 467, 468,
471, 472 and 34 of the Indian Penal Code, 1860
(in short "I.P.C.", Police Station Gosaiganj,

13
District Ayodhya. A further prayer has been
made to direct the opposite parties no. 2 & 3
not to arrest the petitioner in pursuance of the
aforesaid orders.
2. Heard Sri S.P. Singh Somvanshi, learned
counsel for the petitioner and Sri Vipul Gupta,
learned Additional Government Advocate
appearing on behalf of the State.
3. Learned counsel for the petitioner submitted
that the Chief Judicial Magistrate has no power
to issue NBW as well as proclamation under
Section 82 Cr.P.C. against the petitioner in a
routine manner. The case is under investigation,
so the Court has no ground to issue NBW as the
Investigating Officer himself has power to arrest
without warrant. The Magistrate concerned has
issued NBW and proceeding under Section 82
Cr.P.C. in a routine manner without applying its
legal mind. In support of his contentions, he has
relied upon the following case laws:-

14
(i) Raghuvansh Dewanchand Bhasin Versus State Of

Maharashtra & Anr, AIR 2011 SC 3393,
(ii) Piyush Verma Versus The State of Jharkhand,

Cr. M.P. No. 435 of 2019,
(iii) Gurjeet Singh Johar Versus State of Punjab &

another, 2019 SCC On-line P&H 2606.
4. On the other hand, learned A.G.A. opposed
the submissions advanced by the learned counsel
for the petitioner and submitted that if the
person wanted in a crime evades arrest, then the
Investigating Officer seeks the help of the Court
to arrest the accused and complete the
investigation. Hence, there is no illegality in the
order issuing NBW and proclamation under
Section 82 Cr.P.C. Hence, this petition should be
rejected.
5. The record shows that the First Information
Report (in short "F.I.R.") No. 107/2021 was
registered at Police Station Gosaiganj, District
Ayodhya. It has been stated in the F.I.R. that
Dharmendra Kumar Verma, the son of the

15
complainant died on 01.04.2021 while on the
way to Lucknow for his treatment. The deceased
become ill as he consumed toxicated liquor on
30.03.2021 at the place of Rajnath Verma. He
was sent to Hospital at Gosaiganj from where he
was sent to District Hospital, thereafter he was
referred to Lucknow for better treatment but he
died while on the way. The extract of case
diary, which has been filed along with this
petition shows that the case is being investigated
under Section 60-A, 60 of Excise Act and
Sections 302, 307, 120B, 419, 420, 467, 468,
471, 472 and 34 IPC.
6. During investigation, the Investigating Officer
moved an application before the concerned
Magistrate for issuance of NBW against the
accused person and proceeding under Section 82
Cr.P.C. as the accused is evading the arrest. The
Magistrate passed the order accordingly.

16
7. Submission of the learned counsel for the
petitioner is that the Magistrate is not
empowered to issue such warrant and proceeding
under Section 82 Cr.P.C. In support of his
argument, he relied upon the above quoted case
laws.
8. The case law Raghuvansh Dewanchand
Bhasin Versus State of Maharashtra and
Another (Supra) is a case where the petitioner
an Advocate, was arrested despite of the fact
that his NBW was cancelled by the competent
Magistrate but the erring Officer did not get the
order of cancellation of warrant and he arrested
him. In the present case, the situation is entirely
different. In other case, Piyush Verma Versus
The State of Jharkhand (Supra) also is of no
help to the petitioner as that relates to a case in
which the trial is going on before the Court.
Here in the present matter, investigation is being
carried out. Next case i.e. Gurjeet Singh Johar

17
Versus State of Punjab & another (Supra) is
also of no help to the petitioner.
9. As far as the legal position is concerned, if
the accused evades the arrest during the
investigation, no doubt the Investigating Officer
has power to arrest the accused without warrant,
if the offence is cognizable one, but for issuance
of proceeding under Section 82 Cr.P.C., the
investigating officer has to seek help of the
Court and only under the orders of the Court,
proclamation under Section 482 Cr.P.C. can be
issued.
Section 82(1) Cr.P.C. runs as under:-
"82(1). Proclamation for person absconding--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."
10. Section 82(1) Cr.P.C. clearly shows that
before issuance of proclamation under Section 82

18
Cr.P.C. issuance of NBW is necessary because
Section 82 Cr.P.C. itself says that "if the Court
has reason to believe that any person against
whom a warrant has been issued by it has
absconded or is concealing himself", hence the
issuance of NBW before proclamation under
Section 82 Cr.P.C is necessary. In the present
matter, the investigation is going on, wherein a
person died by consuming toxic liquor and the
petitioner is wanted for the investigation. But it
is also important that Magistrate should not pass
such order in a routine manner, on the simple
application of the Investigating Officer. The
application should be supported by an affidavit
of the Investigating Officer stating the reasons
why NBW and proclamation under Section 82
Cr.P.C. is required, as the issue relates to the
personal liberty of a person guaranteed under
Article 21 of the Constitution of India.

19
11. Considering all these facts, the petitioner is
directed to appear before the Investigating
Officer for investigation purposes or surrender
before the Court concerned, if wanted in the
concerned case, within seven days from today, if
not already arrested or surrendered. For a period
of seven days from today, the implementation of
impugned order shall remain stayed.
12. In view of the aforesaid observation and
direction, the present petition is disposed of.
Order Date :- 18.8.2021

Arun (Saroj Yadav, J.)
20
MANU/JH/0578/2020
Equivalent Citation: 2020(2)J.L.J.R.712
IN THE HIGH COURT OF JHARKHAND

Cr. M.P. No. 2722 of 2019
Decided On: 27.04.2020
Appellants: Md. Rustum Alam and Ors.
Vs.
Respondent: The State of Jharkhand
Hon'ble Judges/Coram:
Ananda Sen, J.
Counsels:
For Appellant/Petitioner/Plaintiff: Kumar Amit
For Respondents/Defendant: Sardhu Mahto
ORDER
Ananda Sen, J.
1 . In this criminal miscellaneous petition, the petitioners have prayed for quashing
the orders dated 8.2.2018, by which non-bailable warrant of arrest has been issued,
26.6.2018, by which process under Section 82 of the Code of Criminal Procedure
(hereinafter referred to as the Code) and 30.1.2019, by which process under Section
83 of the Code have been issued, against the petitioners, by the Chief Judicial
Magistrate, Latehar in connection with Complaint Case No. 399 of 2016.
2 . In this criminal miscellaneous petition filed under Section 482 of the Code, the
points, which have been raised by the learned counsel are by way of challenge to the
orders issuing non-bailable warrant of arrest and the orders by which process and
order of attachment, respectively issued under Sections 82 and 83 of the Code.
3 . The main contention of the petitioners is that the Court below, in a most
mechanical manner issued non-bailable warrant of arrest. In the similar manner the
process under section 82 of the Code and thereafter attachment order in terms of
Section 83 of the Code have been issued. It is their contention that, even without
receipt of the service report of bailable warrant of arrest, non-bailable warrant of
arrest have been issued against. the petitioners. Similarly, without there being any
service report of non-bailable warrant of arrest, process under Section 82 of the Code
has been issued. Further, without any service of the process under Section 82 of the
Code, attachment order in terms of Section 83 of the Code has been issued. It is also
the case of the petitioners that the processes are being issued in utter violation of the
respective provisions laid down in the Code, i.e. Sections 73, 82 & 83 thereof, thus,
these orders need to be set aside.
4. The petitioners also submit that the Court should have been satisfied that there is
necessity to issue warrants and orders in terms of Sections 82 and 83 of the Code
and the satisfaction should be recorded in the order itself. This recording would
suggest that the court has applied its mind and has satisfied himself that the

21
processes under Section 82 of the Code and attachment order under Section 83 of the
Code are necessary to be issued for procuring attendance of the accused. In this
case, in a most mechanical manner the orders have been passed by the Court even
without recording any satisfaction, which renders the impugned orders invalid. It is
submitted that the Hon'ble Supreme Court has held that issuing a warrant of arrest is
a very serious act, which directly affects the rights of an individual and while doing
so, the Court has to be very cautious. It is submitted that only after fulfilling the
mandatory prerequisites and after compliance of the provisions of the Code, these
processes can be issued. It is further submitted that in absence of any subjective
satisfaction, which must be based on materials on record, the impugned orders need
to be set aside. They submit that consequence of order passed under Sections 82 and
83 of the Code is serious, thus, the orders passed under the aforesaid Sections must
be passed judiciously and not mechanically.
5 . Learned A.P.P., appearing on behalf of the State, submits that as the petitioners
failed to appear before the Court below, the Court had no other option but to issue
warrants of arrest and thereafter, processes under Sections 82 of the Code and order
of attachment under Section 83 of the Code. He submits that there is no illegality in
the impugned orders issuing bailable and non-bailable warrants of arrest and also the
processes under Section 82 of the Code and order of attachment under "Section 83 of
the Code. He submits that when an accused fails to appear in Court, the Court, to
procure his attendance, can take all coercive steps.
6 . I have heard learned counsel for the petitioners and the State at length. I have
also heard the counsel appearing on behalf of the petitioners in Cr. M.P. No. 435 of
2019 (Mr. Jitendra S. Singh) and Cr. M.P. No. 2686 of 2019 (Mr. Indrajit Sinha) as
the grounds taken in those applications are also similar. All the lawyers had argued
to their satisfaction.
7 . The main challenge is the orders issuing non-bailable warrants of arrest and
processes under Section 82 of the Code and order of attachment under Section 83 of
the Code on the ground that the nature and the manner by which these impugned
orders have been passed is illegal as it does not conform the procedure laid down by
law.
8 . To judge the submission of the parties and the correctness of the orders, I have
gone through the petition including the impugned orders. It is necessary to quote the
impugned orders, which is subject matter of this case. The same are quoted herein
below:-
"8.2.2018-Attendance of complt. through lawyer has. been filed.
Accused is absent. O/C to issue N/B/W against the absent accused.
Put up on 27.2.2018 for app."
26.6.18.-Attendance of complt. through lawyer has been filed.
Accused is absent. E/R of N/B/W not received.
O/C to issue process u/s. 82 Cr.P.C. against the accused persons.
Put up on 26.7.2018 for apper.
30.1.19-Complt. is on attendance.

22
Accused is absent.
O/C to issue process u/s. 83 Cr.P.C. against the absent accused.
Put up on 14.2.19 for appearance."
9 . Chapter VI of the Code of Criminal Procedure, 1973 deals with the process to.
compel appearance. The said chapter is divided in four parts. Part 'A' relates to
summons; Part 'B' relates to warrant of arrest, Part 'C' relates to proclamation and
attachment; and Part 'D' relates to other rules regarding processes. In the present
case, this Court is not concerned with the provisions as enumerated in Part 'A' and
Part 'D' of Chapter VI.
1 0 . On 8.2.2018, warrant of arrest has been issued. The order has already been
quoted above. From the aforesaid order, I find that as the accused was absent, the
Court issued non-bailable warrant of arrest against the accused. Warrant, is issued in
terms of Section 73 of the Code. Now the question is whether the aforesaid order
fulfils the condition laid down under Section 73 of the Code of Criminal Procedure or
not. Section 73 of the Code reads as follows:-
73. Warrant may be directed to any person.-(1) The Chief Judicial Magistrate
or a Magistrate of the first class may direct a warrant to any person within
his local jurisdiction for the arrest of any escaped convict, proclaimed
offender or of any person who is accused of a non-bailable offence and is
evading arrest.
(2) Such person shall acknowledge in writing the receipt of the warrant, and
shall execute it if the person for whose arrest it was issued, is in, or' enters
on, any land or other property under his charge.
(3) When the person against whom such warrant is issued is arrest, he shall
be made over with the warrant to the nearest police officer, who shall cause
him to be taken before a Magistrate having jurisdiction in the case, unless'
security is taken under Section 71.
11. From a reading of the aforesaid. provision of law, I find that a Magistrate has
jurisdiction and power to issue warrant of arrest, which can be directed against any
escaped convict, proclaimed offender, against any person who is an accused of a
non-bailable offence and is evading arrest. Thus, person against whom warrant of
arrest can be issued, must fall in either of the aforesaid three categories. Admittedly,
in the case in hand, when warrant of arrest was issued, these petitioners were neither
an escaped convict nor a proclaimed offender. They can, at best, fall in the third
category, i.e., "an accused of a non-bailable offence and is evading arrest". So, it can
be presumed that Court has issued warrant on the ground that the petitioners are
accused of non-bailable offence. Only being an accused of a non-bailable offence is
not a ground to issue warrant of arrest, as per the provisions of Section 73 of the
Code. The said accused, who is wanted in a case involving a non-bailable offence,
must also be evading his arrest. The word 'and' used in Section 73(1) of the Code is
a conjunctive clause. Thus, both the conditions should simultaneously exist to enable
the Court to issue warrant of arrest. This position of law should have been considered
by the Court while issuing a warrant of arrest. This means that a person not only
should be an accused of an offence, non-bailable in nature, but also should be found
evading his arrest. There is nothing in the impugned orders to suggest that the
petitioners were evading arrest.

23
12. The Hon'ble Supreme Court in the case of Raghuvansh Dewanchand Bhasin vs.
State of Maharashtra reported in MANU/SC/1059/2011 : (2012)9 SCC 791 : 2011(4)
JL JR (SC) 385 has held that issuing non-bailable warrant of arrest directly involves
curtailment of liberty of a person. The Hon'ble Supreme Court took note of the earlier
judgment in the case of Inder Mohan Goswami vs. State of Uttaranchal reported in
MANU/SC/7999/2007 : (2007)12 SCC 1 : 2008(1) JL JR (SC) 82. Paragraph 12 of the
judgment rendered in the case of Raghuvansh Dewanchand Bhasin (supra) is quoted
hereunder-
1 2 . In Inder Mohan Goswami v. State of Uttaranchal, a Bench of three
learned Judges of this Court cautioned that before issuing non-bailable
warrants, the courts should strike a balance between societal interests and
personal liberty and exercise its discretion cautiously. Enumerating some of
the circumstances which the court should bear in mind while issuing non-
bailable warrant, it was observed (SCC pp. 17-18, paras 53-55)
53. Non-bailable warrant should be issued to bring a person to court when
summons or bailable warrants would be unlikely to have the desired result,
This could be when:
• it is reasonable to believe that the person will not voluntarily
appear in court; or
• the police authorities are unable to find the person to serve him
with a summon; or
• it is considered that the person could harm someone if not placed
into custody immediately.
5 4 . As far as possible if the court is of the opinion that a summon will
suffice in getting the appearance of the accused in the court, the summon or
the bailable warrants should be preferred. The warrants either bailable or
non-bailable should never be issued without proper scrutiny of facts and
complete application of mind, due to the extremely serious consequences and
ramifications which ensue on issuance of warrants. The court must very
carefully examine whether the criminal complaint or FIR has not been filed
with an oblique motive.
55. In complaint cases, at the first instance, the court should direct serving
of the summons along with the copy of the complaint. If the accused seem to
be avoiding the summons, the court, in the second instance should issue
bailable warrant. In the third instance, when the court is fully satisfied that
the accused is avoiding the court's proceeding intentionally, the process of
issuance of the non-bailable warrant should be resorted to. Personal liberty is
paramount, therefore, we caution courts at the first and second instance to
refrain from issuing non-bailable warrants.
1 3 . If liberty of a person is to be curtailed, the same has to be done strictly in
accordance with the law so provided for. In this case, it is being curtailed by issuance
of non-bailable warrant of arrest. Thus, the Court has to record his satisfaction that
the conditions laid down in the law for issuing warrant of arrest has been fulfilled and
the procedure has been complied with. This satisfaction of the Court should be
reflected in the order itself, to be gathered from the record, then only warrant of
arrest can be issued. The Court has to prima-facie be satisfied that the person

24
accused of committing a non-bailable offence is also evading his arrest. There has to
be material before the Court to reach at the aforesaid conclusion. Without recording
such subjective satisfaction to the effect that the accused is also evading his arrest,
which should be on the basis of the materials placed before the Court, warrant of
arrest cannot be issued. This satisfaction can be derived from the police paper/case
diary. Mere absence of the accused cannot give rise to a presumption that he is
evading arrest, which in turn cannot be the sole ground to issue warrant of arrest.
14. In this case only on the ground of absence of the accused, the warrant has been
issued. Further, from the record, I also find that the service report of bailable warrant
was not before the Court. Thus, the order issuing warrant of arrest, without recording
satisfaction that the accused are evading their arrest, is not in consonance with the
provisions of Section 73(1) of the Code. Accordingly, the order by which non-bailable
warrant of arrest has been issued against the petitioners, is, hereby, quashed and set
aside.
15. Now, the second issue raised in this case is in respect of issuance of processes
under Section 82 of the Code. Section 82 of the Code has five sub-sections. It is
necessary to quote Section 82 of' the Code in its entirety, which reads as under:-
8 2 . Proclamation for person absconding-(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 punishable under section 302, 304, 364, 367,
382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or
460 of the Indian Penal Code (45 of 1860), and such person fails to appear
at the specified place and time required by the proclamation, the Court may,

25
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).
16. From perusal of sub-section (1) of Section 82 of the Code, it is clear that the
Court must have reasons to believe that the person, against whom warrant has been
issued, has absconded or concealing himself so that the warrant cannot be executed.
In view of the said provision, only after the Court is satisfied that the person is
absconding, or is concealing, and it is not possible to arrest him, the Court should
issue proclamation requiring the accused to appear on a specified date on specified
time not less than 30 days from the date of publication of such proclamation.
17. Sub-section (2) of Section 82 of the Code provides how the proclamation has to
be published. Section 82(2)(i)(a)(b)(c) provides that the same has to be publicly
read in some conspicuous place of the town or village, where the person ordinarily
resides. The proclamation should also be affixed to some conspicuous part of the
house of homestead where the person ordinarily resides. There is a requirement of
fixing a copy of the proclamation at some conspicuous part of the court-house. also.
Over and above the said procedure, a provision has been made in 82(2)(ii) of the
Code for a direction to publish the same in a newspaper. This part relating to
publication in newspaper is not mandatory, but the previous procedures are.
18. Sub-section (3) of Section 82 of the Code is a very important provision, which
requires the Court to record that the requirements of sub-section (2)(i) of Section 82
of the Code has duly been complied with. This provision is also mandatory in nature.
19. Sub-section (4) of Section 82 of the Code provides that if a person is accused of
an offence punishable under' Sections 302, 304, 364, 367, 382, 392, 393, 394, 395,
396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of
1860), and such person fails to appear, complying with the proclamation, he will be
declared as a proclaimed offender.
This is a penal clause as a "proclaimed offender" becomes an accused punishable in
terms of Section 174A of the Indian Penal Code. This is a separate offence by itself.
He can be tried, convicted and punished for a term, which may extend to 7 (seven)
years and also shall be liable to payment of fine.
2 0 . When violation of any procedure of law attracts a penal provision (herein
declaration as proclaimed offender), the procedure, which seeks to declare him an
offender, has to be strictly followed and cannot be relaxed. This penal provision
makes compliance of Section 82(3) of the Code mandatory in nature. In this regard it
is necessary to refer a judgment of Hon'ble Supreme Court. The Supreme Court in the
case of Securities and Exchange Board of India vs. Gaurav Varshney and Another
reported in MANU/SC/0778/2016 : (2016)14 SCC 430 (para 32.5) has held as
under:-
32.5. And filthy because, contravention of Section 12(1-B) entails penal
consequences, and therefore, cannot be construed as directory. We therefore
hereby accept the submission advanced on behalf of the learned counsel for
the Board and hold that the bar created for new operators, of a collective
investment initiative, was absolute and mandatory. The bar Under -Section

26
12(1-B) restrained persons (who were not engaged in any collective

investment venture up to 25.1.1995) from commencing activities concerning
collective Investment, till they had obtained a certificate of registration, in
consonance with the Collective Investment Regulations.
21. Thus, from the reading of. Section 82 of the Code, it is clear that at first the
Court has to have sufficient materials before him to reach to a conclusion to believe
that a person, against whom warrant of arrest has been issued, is absconding or is
concealing himself, and it is not possible for the authorities to execute the warrant of
arrest. This satisfaction has to be recorded in the order while issuing processes under
Section 82 of the Code. In this situation also from the records of the case, the Court
has derive the aforesaid satisfaction. Non-recording of subjective satisfaction in the
order will make the Order bad and a non-speaking one. A non-speaking order
involving a procedure, which attracts a penal offence (if the order is not complied
with), cannot sustain in the eyes of law.
22. Further, sub-section (1) of Section 82 of the Code provides that the Court has to
publish the written proclamation requiring the person to appear on a specified date
and specified place not less than 30 days from the date of such publication. Thus, it
is the duty of the Court to mention the specific place and the date where the person
needs to present himself in compliance of the proclamation order. This date and place
should be mentioned in the order itself.
2 3 . Form IV, which is part of Second Schedule of Code is the form in which
proclamation is required to be issued. The said form provides for mentioning the
place and date, for the person to appear in compliance of the order. This is a
statutory form. This form is filled by the Office of the Court. Thus, the date and place,
which. is mentioned in the said form must also be reflected in the order-sheet. This
will mean that the Court has fixed the place, time and the date and not the Bench
Clerks or the Office Clerks, as it is the mandate of the law that the Court has to fix
the place, time and the date of appearance. The Form IV, which is a statutory form,
must be scrupulously followed and filled up as per the date, time, place fixed by the
Court, which should be reflected in the order-sheet;
2 4 . The Supreme Court, in the context of service of summons under the Civil
Procedure Code, 1908, in the case of Auto Cars vs. Trimurti Cargo Movers Pvt. Ltd. &
Ors. reported in MANU/SC/0119/2018 : (2018)15 SCC 166 : 2018(4) JL JR (SC) 458,
held that any non-compliance with the statutory requirements regarding mentioning
of the specific "day, date, year and time" would amount to material infirmity
rendering summons as well as their service bad in law and consequently cannot be
held to be duly served.
The Supreme Court, while taking note of the statutory form as mentioned in the
Appendix-B to the Code of Civil Procedure, as also the provisions of Section 27 and
Order 5 of the Code of Civil Procedure, held that the requirements specified in law by
the statute are not an empty formality. The Supreme Court, while interpreting the
provisions of the Code of Civil Procedure; held that the provisions relating to service
of summons are mandatory in nature and relied upon a well settled principle of
interpretation that when the legislature provides a particular thing to be done in a
particular manner, then such thing has to be done in the same prescribed manner and
in no other manner.
25. The aforesaid principle laid down by the Hon'ble Supreme Court can very well be

27
applied here and in the cases Where warrants, processes and attachment orders are
issued in terms of the Code and the statutory forms appended to the statute.
26. Another aspect which has to be taken note of, is that the the Hon'ble Supreme
Court in the case of State of Madhya Pradesh vs. Pradeep Sharma reported in
MANU/SC/1262/2013 : (2014)2 SCC 171, after relying on other judgments, has held
that if a person is declared as proclaimed offender/absconder in terms of Section 82
of the Code, he is not entitled for relief of anticipatory bail. Thus, when the relief of
anticipatory bail is curtailed, as a consequence of an order passed under Section 82
of the Code, declaring a person absconder, the said order cannot be passed in
mechanical' manner without recording satisfaction and reasons nor can the same be
passed without following the procedure as laid down in the Code. In view of the
aforesaid circumstances and the consequence one has to face, the Court has to be
very cautious while issuing an order under Section 82 of the Code.
27. While going through the order issuing processes under Section 82 of the Code in
this case, I find that simply because the accused are absent, the Courts have issued
processes under Section 82 of the Code in a most mechanicals manner without
recording subjective satisfaction as to why it is necessary to issue the proclamation.
There is no material which suggests that the Court has reasons to believe that the
petitioners have absconded or are concealing themselves so that warrant cannot be
executed. Further, neither the place nor the date of appearance of the accused is
mentioned in the order-sheet, recording of which is mandatory in terms of Section
82(1) of the Code. These laches make the order issuing processes under Section 82
of the Code, absolutely bad and unsustainable in the eyes of law. Thus, the said
order is also, hereby, quashed and set aside.
28. The next challenge is thrown to the attachment order passed in terms of Section
83 of the Code. I find that the attachment order in terms of Section 83 of the Code
has been passed since the accused remained absent in spite of issuance of processes
under Section 82 of the Code. This also cannot be a ground for passing an
attachment order in terms of Section 83 of the Code.
29. Here it is necessary to quote the provisions of Section 83(1) of the Code, which
reads as under:-
8 3 . Attachment of property of person absconding-(1) The Court issuing a
proclamation under section 82 may, for reasons to be recorded in writing, at
any time after the issue of the proclamation, order the attachment of any
property, movable, or immovable, or both belonging to the proclaimed
person:
Provided that where at the time of the issue of the proclamation the
Court is satisfied, by affidavit or otherwise, that the person in
relation to whom the proclamation is to be issued,-
(a) is about to dispose of the whole or any part of his
property, or
(b) is about to remove the whole or any part of his property
from the local jurisdiction of the Court,
it may order the attachment simultaneously with the issue of the
proclamation.

28
3 0 . Section 83(1) of the Code clearly provides that the Court, which is issuing
proclamation under Section 82 of the Code, for the reasons to be recorded in writing,
may order for attachment of moveable or immovable properties. It is, thus, the
mandate of the law that the reasons for issuing attachment order has to be recorded
in the order itself. Non-recording of the reasons will make the order invalid and
unsustainable.
31. Further, from the aforesaid provision of law, it is clear that attachment order
under Section 83 of the Code can be issued to attach the property belonging to the
proclaimed person. Statement to the effect that the proclamation was duly published
has to be made in terms of Section 82(3) of the Code, which provides that the Court
has to record a statement in writing to the effect that the proclamation was duly
published on the specified date in the specified manner as provided in Clause (i) of.
sub-section (2) to Section 82 of the Code. This statement of the Court, which is to be
recorded as per the statutes, is a conclusive evidence that the requirement of law has
been complied with which is a pre-requisite for declaring a person a proclaimed
offender/person absconding. Without recording the aforesaid statement in writing to
the effect that the requirement of Section 82 of the Code has been complied with, a
person cannot be declared to be a proclaimed offender/absconder, an attachment
order in terms of Section 83 of the Code cannot be issued.
32. Thus, before issuing any attachment order under Section 83 of the Code against
a person absconding, the statement, as envisaged in terms of Section 82(3) of the
Code has to be on record. This is all the more necessary, as mentioned earlier, the
said person can be tried and punished for a separate offence punishable under
Section 174A of the Indian Penal Code.
33. There is an exception to this rule when both the processes, i.e., proclamation
under Section 82 of the Code and attachment order in terms of Section 83 of the
Code are issued simultaneously. The first proviso to Section 83(1) of the Code
provides for the circumstance and the situation where it is necessary to issue both
the proclamation and attachment order simultaneously and how the same can be.
issued and the requirements thereof. Since this is not the subject matter, before this
Court, I am not dealing with the said proviso. The fact remains that in a case where
processes in terms of Section 82 and 83 of the Code are issued separately, then
without recording a statement, as envisaged under Section 82(3) of the Code,
attachment order under Section 83 of the Code cannot be issued. The absence of the
said statement will lead to a conclusion that there was nothing before the Court to
suggest that the proclamation under Section 82 of the Code so issued, was properly
served. Until and unless proclamation under Section 82 of the Code is properly
served, attachment order under Section 83 of the Code cannot be issued.
34. In the case in hand, I further find that no reasons, as necessitated in terms of
Section 83(1) of the Code is mentioned in the impugned orders. Further, there is no
statement in compliance of Section 82(3) of the Code on record. These lapses make
the impugned orders under Section 82 and Section 83 of the Code bad in law, which
needs to be quashed.
3 5 . In view of what has been discussed and held above, I find that none of the
provisions, as envisaged in Sections 73, 82 and 83 of the Code has been complied
with by the Court below. Noncompliance of the mandatory provisions of law renders
the impugned orders, by which order issuing non-bailable warrant of arrest,
proclamation under Section 82 of the Code and attachment order, in terms of Section

29
83 of the Code have been passed in this case, are bad arid, thus, are quashed and set
aside.
36. The matter is remitted to the Court concerned to proceed afresh and pass fresh
orders in accordance with law, after complying with the provisions as provided in the
relevant Sections of Code and also in terms of the discussion made above.
37. This criminal miscellaneous petition, thus, stands allowed to the aforesaid extent.
© Manupatra Information Solutions Pvt. Ltd.

30
$~1 & 2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28th June, 2021
+ CRL.M.C. 5328/2013
SUNIL TYAGI ..... Petitioner
Through: Mr. Ajayinder Sangwan,
Mr. Raj Kumar Sharma,
Mr. Arun Rathi and
Mr. Summinder Paswan,
Advocates
versus
GOVT OF NCT OF DELHI & ANR ..... Respondents
Through: Ms. Nandita Rao, ASC (Crl.)
with Ms. Gayatri Virmani and
Mr. Amit Peswani, Advocates
Mr. Rajshekhar Rao, Senior
Advocate as Amicus Curiae
with Ms. Aanchal Tikmani,
Advocate
Mr. Vikas Pahwa, Senior
Advocate with as Amicus
Curiae with Ms. Raavi
Sharma, Advocate
Mr. Nikhil Goel, SPP with
Mr. Vinay Mathew, Advocate
+ CRL.M.C. 4438/2013
TANMAY KUMAR ..... Petitioner
Through: Dr. L. S. Chaudhary,
Advocate with Mr. Ajay
Chaudhary, Mr Vishesh
Kumar, Mr. Parambir Singh,
Mr. Anurag Singh Tomar and
Mr. Veeresh Choudhary,
Advocates
versus
STATE ..... Respondent
CRL.M.C. 5328/2013 & CRL.M.C. 4438/2013 Page 1 of 185

31
Through: Ms. Nandita Rao, ASC (Crl.)

with Ms. Gayatri Virmani and
Mr. Amit Peswani, Advocates
Mr. Rajshekhar Rao, Senior
Advocate as Amicus Curiae
with Ms. Aanchal Tikmani,
Advocate
Mr. Vikas Pahwa, Senior
Advocate with as Amicus
Curiae with Ms. Raavi
Sharma, Advocate
Mr. Nikhil Goel, SPP with
Mr. Vinay Mathew, Advocate
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The requirements of justice give an occasion for the
development of new dimension of justice by evolving juristic
principles for doing complete justice according to the current needs
of the Society. The quest for justice in the process of administration
of justice occasions the evolution of new dimensions of the justice.
J.S. Verma, J., in his Article “New Dimensions of Justice”, (1997)
3 SCC J-3 observed that:
―...Justice is the ideal to be achieved by Law. Justice is
the goal of law. Law is a set of general rules applied in
the administration of justice. Justice is in a cause on
application of law to a particular case. Jurisprudence is
the philosophy of law. Jurisprudence and Law have
ultimately to be tested on the anvil of administration of
justice. ‗Law as it is‘, may fall short of 'Law as it ought
to be' for doing complete justice in a cause. The gap
between the two may be described as the field covered
by Morality. There is no doubt that the development of
the law is influenced by morals. The infusion of morality

32
for reshaping the law is influenced by the principles of

Equity and Natural Justice, as effective agencies of
growth. The ideal State is when the rules of law satisfy
the requirements of justice and the gap between the two
is bridged. It is this attempt to bridge the gap which
occasions the development of New Jurisprudence.
The existence of some gap between law and
justice is recognized by the existing law itself. This is
the reason for the recognition of inherent powers of the
court by express provision made in the Code of Civil
Procedure and the Code of Criminal Procedure. The
Constitution of India by Article 142 expressly confers
on the Supreme Court plenary powers for doing
complete justice in any cause or matter before it. Such
power in the court of last resort is recognition of the
principle that in the justice delivery system, at the end
point attempt must be made to do complete justice in
every cause, if that result cannot be achieved by
provisions of the enacted law. These powers are in
addition to the discretionary powers of courts in certain
areas where rigidity is considered inappropriate, e.g.,
equitable reliefs and Article 226 of the Constitution. ...‖
2. The petitioners in both these cases were declared as

Proclaimed Offenders without following due process of law. In
CRL. A. 5328/2013, the learned Magistrate declared the petitioner as
a proclaimed offender without satisfying himself as to the factum of
service of notice upon the petitioner as respondent no. 2 was unable
to furnish the complete address of the petitioner and the notices were
not sent to the petitioner at the correct address. All addresses
furnished by the respondent were found to be incorrect. In CRL. M.
C. 4438/2013, the petitioner was declared a proclaimed offender but
he was never served any summons/warrants. Vide judgment dated

33
07th January, 2021, this Court allowed the both petitions and quashed
the impugned orders declaring the petitioners as “Proclaimed
Offenders‖.
3. During the course of the hearing dated 27th November, 2013,
Mr. Gopal Subramaniam, learned senior counsel present in Court in
some other case pointed out that the orders under Section 82 of the
Code of Criminal Procedure (hereinafter referred to as CrPC or the
Code) were passed in a routine manner and guidelines are necessary
to ensure that orders under Sections 82 and 83 CrPC are passed after
following due process of law. It was suggested that guidelines be
laid down by this Court in this regard.
4. Vide order dated 07th March, 2014, Mr. Surinder S. Rathi,
Registrar, Delhi High Court, who was then posted in Delhi State
Legal Services Authority (DSLSA) and had done extensive research
on the subject, was requested to submit his research papers. Mr.
Rathi submitted his research papers along with the draft of the
suggested guidelines. As the matter progressed, Mr. Rathi submitted
his first report which was considered by Delhi Police as well as CBI
and after thorough deliberations, he submitted his Final Report
before this Court. Mr. Rathi in his report has dealt with the
provisions relating to the declaration of a Proclaimed Offender at the
stage of investigation as well as trial and post conviction. Mr.
Surinder S. Rathi has also shared a Research Paper titled „Unified
Criminal Justice System (UCJS)‟. UCJS aims at achieving a unified
digitization of criminal investigation system right from the stage of
registration of FIR and investigation till up to trial and appeal along

34
with seamless exchange of data between duty holders including

Police, Judiciary, Prisons, Prosecution, Forensics, Legal Services
and others, at all stages.
5. Mr. Dayan Krishnan, Mr. N. Hariharan, Mr. Vikas Pahwa, Mr.
Rajshekhar Rao, Senior Advocates; Mr. Surinder S. Rathi, OSD-
cum-Registrar, Delhi High Court; Mr. Rajiv K. Garg, Advocate and
Prof. (Dr.) G.S. Bajpai, Vice Chancellor, Rajiv Gandhi National Law
University, Patiala (former Professor of Criminology and Criminal
Justice, National Law University, Delhi) assisted this Court as amici
curiae and submitted valuable suggestions to assist this Court in
framing the guidelines.
6. Vide order dated 21st November, 2014, this Court directed
Delhi Police as well as CBI to file the status reports with respect to
the Proclaimed Offenders. Delhi Police and CBI have filed their
respective status reports. As per the status report of Delhi Police,
18,541 persons have been declared Proclaimed persons out of which
6000 Proclaimed offenders were accused of heinous crimes. As
regards to CBI, 820 persons were declared as Proclaimed persons as
on 31st December, 2014 out of which 184 Proclaimed offenders and
193 Absconders were arrested.
7. Vide order dated 31st July, 2019, Delhi police and CBI were
directed to file fresh status reports. As per the fresh status reports of
the Delhi Police, number of Proclaimed persons have increased to
26,532 as on 31st September, 2019 out of which 3826 Proclaimed
offenders have been arrested, prosecution has been launched against
1601 Proclaimed offenders and properties of 28 Proclaimed

35
offenders have been attached. As regards CBI, further 793 accused

persons have been declared as Proclaimed offenders between 01st
January, 2015 to 31st October, 2019 out of which only 68
Proclaimed offenders have been arrested, properties of 21
Proclaimed offenders have been attached and prosecution has been
launched against 2 Proclaimed Offenders under Section 174A IPC.
8. Vide judgment dated 07th January, 2021, this Court directed
Delhi Police as well as CBI to constitute an Internal Committee to
formulate the suggestions with respect to the Proclaimed Officer.
Delhi Police as well as CBI have complied with the orders and have
submitted their reports contouring their suggestions with respect to
Proclaimed Offender.
9. This Court is of the view that declaring a person as a
Proclaimed Offender leads to a serious offence under Section 174A
IPC which is punishable for a period upto 3 or 7 years. It affects the
life and liberty of a person under Article 21 of the Constitution of
India and it is necessary to ensure that the process under Sections 82
and 83 CrPC is not issued in a routine manner and due process of
law is followed. The second important aspect is that once a person
has been declared as a Proclaimed offender, it is the duty of the State
to make all reasonable efforts to arrest him and attach his properties
as well as launch prosecution under Section 174A IPC.
10. This Court considers it necessary to issue directions in this
regard in exercise of inherent powers under Section 482 CrPC read
with Section 483 CrPC and Article 227 of the Constitution. Section
482 of the Code of Criminal Procedure empowers this Court to make

36
such orders as may be necessary to secure the ends of justice in

exercise of the inherent powers. Section 483 of the Code of
Criminal Procedure, 1973 casts a duty upon every High Court to
exercise its continuous superintendence over the Trial Courts to
ensure that there is an expeditious and proper disposal of cases.
Article 227 of the Constitution also confers on this Court the power
of superintendence over all subordinate courts in relation to which it
exercises jurisdiction. The paramount consideration behind vesting
such wide power of superintendence in this Court is to keep the path
of justice clear of obstructions which might impede it. It is the
salutary duty of this Court to prevent the abuse of the process,
miscarriage of justice and to correct the irregularities in the judicial
process.
Submissions of Mr. Dayan Krishnan, Senior Advocate as Amicus
Curiae
11. One of the fundamental foundations of criminal justice system
in India is that the accused of an offence has to be present during the
entire process of the criminal trial. The concept of ex-parte trial is
alien to the Indian legal system as well as the fundamentals of a fair
trial enshrined in Article 21 of the Constitution of India. The
presence of the accused is necessary both for the framing of the
charge and for recording of evidence during the trial.
12. The Criminal Procedure provides different kinds of processes
for appearance of accused/suspect which are both compulsive and
non-compulsive, as detailed hereinafter. These processes are used by
Courts and Police for seeking the presence of the accused before it

37
during the trial. Over the years, two peculiar problems have arisen
while using these compulsive processes. On one hand, people are
made proclaimed offenders without proper service of summons or
execution of warrants. On the other hand, a large number of people
who have been declared proclaimed offenders ensure that their trials
are indefinitely delayed.
13. There is an urgent need to balance the interests of the society
on one hand to ensure that these Proclaimed offenders are bought to
book, and the interests of accused on the other hand that they do not
have to face the indignity of being declared a proclaimed offender
without having known about the factum of issuance of summons or
execution of warrants against them by a Court of law. It is
respectfully submitted that it is imperative, therefore that the court
issues guidelines to ensure that a proper procedure is put in place
with the use of modern technology to achieve the above.
14. Chapter VI of the Code of Criminal Procedure provides for
„processes to compel appearance.‟ Chapter VI of the Code is
divided into four parts:
Part A – Summons ( Sections 60 – 69)
Part B – Warrant of Arrest (Sections 70-81)
Part C – Proclamation & Attachment (Sections 82-86)
Part D – Other rules regarding processes (Sections 87 – 90)
15. Part – C of Chapter VI of the Code relates to coercive
measures which can be employed by the Court to apprehend a
person in respect of whom a warrant of arrest has been issued under
Section 73 of the Code.

38
16. Once the Court is satisfied 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, then the Court can issue a
proclamation against such person and the said proclamation needs to
be duly published in some conspicuous part of (a) the town or village
where such person ordinarily resides, (b) house or homestead in
which such person ordinarily resides or to some conspicuous part of
such town or village, and (c) of the Court-house. Additionally, if the
Court seems fit, a copy of the proclamation shall be published in a
daily newspaper circulating in the place in which such person
ordinarily resides.
17. For issuance of a proclamation under Section 82 of the Code,
it is necessary that the Court has to be satisfied on the basis of
material that a person despite having knowledge of proceeding is
avoiding the process issued. The Madras High Court in Nachi
Exports v. Thiruvengadam & Sons, 2008 CrLJ (NOC) 278 (Mad.)
held that the concerned Court should consider factors such as ―the
accused was well aware of the NBW of arrest, issued against him,
and also regarding the efforts taken by the officer concerned for its
execution, and that obviously the accused was evading arrest, by
adopting foul play or tactful means.”
18. Under Section 82(3) of the Code, once a proclamation is
issued by the Court in accordance with Section 82(2)(i) of the Code,
a statement by the Court issuing proclamation to the effect that the
proclamation was duly published shall be treated as conclusive
evidence that the proclamation was published on such date. Under

39
Section 82(4), in respect of specified offences, thirty days after

publication of the proclamation, the Court, after making such
enquiry or inquiry as it thinks fit, can pronounce the person a
Proclaimed offender and make a declaration to that effect. Under
Section 82(5) of the Code, the declaration under Section 82(4) that
such a person is a proclaimed offender is also subject to Section
82(2) and 82(3).
19. Under Section 82 of the Code, the Court is required to be
satisfied that the warrant could not be executed because the person
has absconded or is concealing himself before issuing a
proclamation, and also subsequently before declaring him to be a
proclaimed offender. Similarly, by the virtue of Section 82(5), the
concerned Court is required to satisfy itself again at the stage of
declaration of a person as proclaimed offender under Section 82(4)
that the concerned accused has absconded or is concealing himself to
avoid the execution of the warrant or the proclamation.
20. The Court is empowered under Section 83 of the Code to
order attachment of the movable and/or immovable properties of the
Proclaimed person at any time after the issuance of the proclamation
under Section 82 of the Code.
21. The legislature by enacting Section 174A IPC has further
penalised the non-appearance of a proclaimed offender. The very
basis of fair trial is threatened if an accused/suspect is declared as a
proclaimed offender without proper service, or if proclamations and
non-bailable warrants are issued in a routine manner. The extent of
the problem is evident from the fact that in Delhi, the statistics

40
provided by the Delhi Police reveal that as on date, there were

approximately 18,541 Proclaimed offenders in the city of Delhi, out
of which 6,000 Proclaimed offenders are accused of heinous crimes.
The CBI which is a much smaller organisation had 820 proclaimed
offenders pending for apprehension as on 31st December, 2014, and
only a total of 184 Proclaimed offenders and 193 absconders had
been arrested in the past three years. As on 31 st December, 2013,
there were 1,540 cases between 2011 and 2013 where an offence
under Section 174A IPC was invoked by the authorities
22. The legislature seeing the growing number of Proclaimed
offenders inserted Section 174A IPC by way of Clause 44 of the
CrPC. (Amendment) Act, 2005 (25 of 2005) which was brought into
force w.e.f. 23rd June, 2006 vide Notification No. SO 923(E) dated
21st June, 2006, hoping that it would be a deterrent for persons
fleeing from justice. However, merely making it a penal offence
does not seem to have solved the problem in as much as the number
of Proclaimed offenders, as is evident from statistics of Delhi, seem
to have only increased post 2006 when the Section was brought into
force.
23. Section 174A IPC penalizes the non-appearance of a person as
required by a proclamation published under. In case of non-
appearance consequent to a proclamation under Section 82(1) of the
Code for a term up to three years/fine/both and in case of a
declaration under Section 82(4) of the Code (in respect of offences
under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396,
397, 398, 399, 400, 402, 436, 449, 459 or 460 of the IPC for a term

41
upto seven years with fine.

24. The conundrum being faced by this Court in respect of routine
issuance and declaration of proclamations is inevitably linked to the
processes preceding the issuance of proclamation such as improper
issuance and execution of warrants. In Inder Mohan Goswami v.
State of Uttaranchal, (2007) 12 SCC 1, the Supreme Court
highlighted that issuance of non-bailable warrants interferes with
personal liberty and the Courts should be extremely careful before
issuing non-bailable warrants. The Supreme Court further held that
warrants, either bailable or non-bailable, should never be issued
without proper scrutiny of facts and complete application of mind.
What has to be ensured is that the concerned person was made aware
about the legal process pending against him. The relevant portion of
the judgment in Inder Mohan Goswami (supra) is reproduced
hereinbelow:
―Personal liberty and the interest of the State
50. Civilised countries have recognised that liberty is the most
precious of all the human rights. The American Declaration of
Independence, 1776, French Declaration of the Rights of Men
and the Citizen, 1789, Universal Declaration of Human
Rights and the International Covenant of Civil and Political
Rights, 1966 all speak with one voice—liberty is the natural
and inalienable right of every human being. Similarly, Article
21 of our Constitution proclaims that no one shall be deprived
of his liberty except in accordance with procedure prescribed
by law.
51. The issuance of non-bailable warrants involves
interference with personal liberty. Arrest and imprisonment
means deprivation of the most precious right of an individual.
Therefore, the courts have to be extremely careful before
issuing non-bailable warrants.

42
52. Just as liberty is precious for an individual so is the

interest of the society in maintaining law and order. Both are
extremely important for the survival of a civilised society.
Sometimes in the larger interest of the public and the State it
becomes absolutely imperative to curtail freedom of an
individual for a certain period, only then the non-bailable
warrants should be issued.
When non-bailable warrants should be issued
53. Non-bailable warrant should be issued to bring a person
to court when summons or bailable warrants would be
unlikely to have the desired result. This could be when:
• it is reasonable to believe that the person will not
voluntarily appear in court; or
• the police authorities are unable to find the person to serve
him with a summon; or
• it is considered that the person could harm someone if not
placed into custody immediately.
54. As far as possible, if the court is of the opinion that a
summon will suffice in getting the appearance of the accused
in the court, the summon or the bailable warrants should be
preferred. The warrants either bailable or non-bailable
should never be issued without proper scrutiny of facts and
complete application of mind, due to the extremely serious
consequences and ramifications which ensue on issuance of
warrants. The court must very carefully examine whether the
criminal complaint or FIR has not been filed with an oblique
motive.‖
(Emphasis supplied)
25. In Raghuvansh Dewanchand Bhasin v. State of
Maharashtra, (2012) 9 SCC 791, the Supreme Court issued the
following guidelines:
―28. However, before parting with the judgment, we
feel that in order to prevent such a paradoxical
situation, we are faced with in the instant case, and to
check or obviate the possibility of misuse of an arrest
warrant, in addition to the statutory and constitutional
requirements to which reference has been made above,

43
it would be appropriate to issue the following

guidelines to be adopted in all cases where non-
bailable warrants are issued by the courts:
28.1. All the High Court shall ensure that the
subordinate courts use printed and machine numbered
Form 2 for issuing warrant of arrest and each such
form is duly accounted for;
28.2. Before authenticating, the court must ensure that
complete particulars of the case are mentioned on the
warrant;
28.3. The presiding Judge of the Court (or responsible
officer specially authorised for the purpose in case of
High Courts) issuing the warrant should put his full and
legible signatures on the process, also ensuring that
Court seal bearing complete particulars of the Court is
prominently endorsed thereon;
28.4. The court must ensure that warrant is directed to
a particular police officer (or authority) and, unless
intended to be open-ended, it must be returnable
whether executed or unexecuted, on or before the date
specified therein;
28.5. Every court must maintain a register (in the
format given below at p. 804), in which each warrant of
arrest issued must be entered chronologically and the
serial number of such entry reflected on the top right
hand of the process;
28.6. No warrant of arrest shall be issued without being
entered in the register mentioned above and the court
concerned shall periodically check/monitor the same to
confirm that every such process is always returned to
the court with due report and placed on the record of
the case concerned;
28.7. A register similar to the one in para 28.5 supra
shall be maintained at the police station concerned. The
Station House Officer of the police station concerned
shall ensure that each warrant of arrest issued by the
court, when received is duly entered in the said register

44
and is formally entrusted to a responsible officer for

execution;
28.8. Ordinarily, the courts should not give a long time
for return or execution of warrants, as experience has
shown that warrants are prone to misuse if they remain
in control of executing agencies for long;
28.9. On the date fixed for the return of the warrant, the
court must insist upon a compliance report on the
action taken thereon by the Station House Officer of the
police station concerned or the officer in charge of the
agency concerned;
28.10. The report on such warrants must be clear,
cogent and legible and duly forwarded by a superior
police officer, so as to facilitate fixing of responsibility
in case of misuse;
28.11. In the event of warrant for execution beyond
jurisdiction of the court issuing it, procedure laid down
in Sections 78 and 79 of the Code must be strictly and
scrupulously followed; and
28.12. In the event of cancellation of the arrest warrant
by the court, the order cancelling warrant shall be
recorded in the case file and the register maintained. A
copy thereof shall be sent to the authority concerned,
requiring the process to be returned unexecuted
forthwith. The date of receipt of the unexecuted warrant
will be entered in the aforesaid registers. A copy of such
order shall also be supplied to the accused.‖

45
(Emphasis supplied)
26. The Supreme Court and different High Courts have repeatedly
sought to address the issue of routine issuance of warrants in Vikas
v. State of Rajasthan, (2014) 3 SCC 321; Mani Shandly v. State,
(2008) 102 DRJ 578; G. Sagar Suri v. State, (2003) 106 DLT 439;
Washeshar Nath Chadha v. State, (1992) 47 DLT 152; V.G.K.
Senthilnathan v. The Director General of Police, Tamil Nadu
Police Headquarters, (2009) 3 MWN (Cri) 246, and M/s Jeevan
Emu Care Indian (P) Limited v. The State of Tamil Nadu, (2015) 3
MWN (Cri) 88.
Suggestions for Issuance of Warrants during the Investigation
27. Investigating Officer may apply to a Magistrate for issuance
of warrant of arrest where the offence is cognizable and the
accused/suspect is evading his arrest.
28. While applying for a warrant, the Investigating Officer must
show the efforts made for arresting the accused/suspect.
29. Investigating Officer shall show that the accused/suspect is
ordinarily residing at the specific address and that now the
accused/suspect is not available at that address due to his deliberate
intention to avoid custody in the case in question.
30. No warrant shall be issued against an accused/suspect on the
ground of unavailability.
31. Investigating Officer must show that in his opinion
interrogation of the accused/suspect is necessary for the just and fair
investigation of the offence(s) in question.

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32. Such prayers shall be endorsed by the SHOs and Asst.

PP/Chief PP as well with declaration that they are satisfied that it is a
fit case for issuance of non-bailable warrants.
Suggestions in Respect of Process of Issuance of Proclamation
during the Investigation
33. No proclamation shall be issued by a Court qua an
accused/suspect unless the Police Officer has categorically stated in
writing that there exists grounds for arrest.
accused/suspect unless the jurisdictional Assistant Commissioner of
Police ratifies in writing that service has been effected and yet the
accused/suspect is evading service.
accused/suspect unless the Court records prima facie satisfaction to
the effect that the accused/suspect has been duly served with a
notice/warrant or is satisfied that the accused/suspect has absconded
or is concealing himself so that such warrant cannot be executed.
36. No proclamation shall be issued by a Court qua
accused/suspect merely on the ground that the accused/suspect is not
available to the Investigating Officer or the concerned police official
for the purpose of joining the investigation.
Measures to Enhance the Efficiency and Accuracy in Execution of
Warrants and/or Execution of Proclamations
37. The Investigating Officer or the SHO, shall ensure that they
shall personally or through one of their Sub-ordinate official visit the
address disclosed by the accused/suspect so as to check its

47
correctness before or while seeking a warrant of arrest from the

Court.
38. The Investigating Officer or the SHO shall record in the case
diary the name of at least two respectable persons of the locality of
accused/suspect with their contact details like addresses and
telephone numbers who ratifies that the address of the
accused/suspect mentioned in the applications for seeking warrant of
arrest of the accused/suspect is correct and complete. Photocopies of
any identity proofs and a photograph of such witnesses shall also be
procured by the concerned police officials. For this purpose, a
photograph taken by the concerned police official shall be sufficient
and the witness will not be required to the police station of the
photograph.
39. The Investigating Officer or the SHO must ascertain the
additional addresses of the accused/suspect, permanent or the native
place address. In the event that the addresses mentioned are located
in other jurisdictions/States, the same shall be sought to be verified
through a subordinate or by any other means through the local police
authorities of the address disclosed.
40. The Investigation Officer or the SHO should ascertain mobile,
landline connections, identity cards issued in the name of the
accused, email address.
41. The Investigating Officer or the SHO shall take photographs
of the dwelling unit of the accused/suspect which is claimed to be
the address of the accused/suspect and append the same with the

48
application for issuance of warrants and initiation of proceedings

under Section 82/83 of the Code.
42. The Investigation Officer or the SHO shall ascertain the job
profile of the accused/suspect and shall obtain his complete address
of his place of work. In cases of private complaint, the complainant
shall share all the addresses known and file a documentary proof of
the mentioned addresses.
43. The data of the proclaimed offenders in cases involving the
Delhi Police is available on ZIPNET and should be made accessible
to the public.
44. Where the service is required to be undertaken in a foreign
jurisdiction, the Trial Courts must issue a warrant, and subsequently
a proclamation, only upon being satisfied that the summons has not
been able to be served in spite of following the procedure prescribed
under the relevant statute of the country where it is sought to be
served.
Suggestions of Dr. L.S. Choudhary, Advocate
45. The photograph, telephone/ Mobile No./ Email Id and
Aadhaar Card details of the accused should be collected by the
Investigating Officer at the time of arrest/FIR.
46. The Investigating Officer should produce the accused before
the Court at the time of filing the chargesheet.
47. In proceedings under Sections 82/83 CrPC, the Investigating
Officer should take the photographs of the place where he visited to
serve summons/ warrants with the date and time.

49
48. The publication of the proclamation under Sections 82/83

CrPC in the newspaper should be mandatory of the newspaper
agency and copy of that newspaper be sent by post to the address of
the accused as is being done in Civil matters under Order 5 Rule 10
of CPC. The report of processes under Sections 82/83 CrPC should
be made by SHO himself. The statement of the process server should
be recorded by the Magistrate.
Submissions of Mr. N. Hariharan, Senior Advocate as Amicus

Curiae
49. The expression “Proclaimed Offender” includes any person
proclaimed as an offender by any Court of authority in any territory
in India to which this Code does not extend, in respect of any act
which if committed in the territories to which this Code extends,
would be an offence punishable under any of the Sections of the
Indian Penal Code, namely, 302, 304, 382, 392 to 399 (both
inclusive), 402, 435, 436, 449, 450 and 457 to 460 (both inclusive).
50. If any Court has a reason to believe that any person against
whom a warrant of arrest 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 30 days from
the date of publishing such proclamation.
51. Where a proclamation published is in respect of a person
accused of certain specified heinous offences Court may pronounce
him a „Proclaimed offender‘ and make a declaration to that effect
under Section 82 CrPC.

50
52. The primary responsibility for securing the arrest of a

proclaimed offender is of the local police of the station under whose
jurisdiction the accused is a resident. A proclaimed offender can be
arrested by any police officer without any order from a Magistrate
and without a warrant. Any private person can also arrest a
proclaimed offender and hand him over without unnecessary delay
to a police officer.
53. A list is hung up on the office of each police station and a
duplicate is displayed on the police station notice board, of all
proclaimed offenders who are absconding in cases registered in the
home police station or in cases registered in other police stations.
54. In Lavesh v. State (NCT of Delhi), (2012) 8 SCC 730, the
Supreme Court held that anticipatory bail should be not given to an
accused who has been declared as an absconder and not cooperated
with the investigation. An absconder or a Proclaimed Offender in
terms of Section 82 CrPC is not entitled to the relief of anticipatory
bail.
55. The names of all such Proclaimed Offenders are entered in the
Police Station Register No.10 (Surveillance Register). The CRO
Branch of the SP Office maintains a register of Proclaimed
Offenders in two parts. It contains the names of all residents of the
home district. The names should be entered according to the police
station of which the Proclaimed Offenders are resident. It further
contains the names of all offenders proclaimed in but not resident of
the district.

51
56. The Superintendent of Police periodically revises the list of

proclaimed offenders and the name of persons accused of trivial
offence or concerned in cases where from lapse of time, no sufficient
evidence is on record of is procurable, are omitted after consultation
with the District Magistrate and the SP of the district in which such
person was proclaimed. Whenever a proclaimed offender is arrested,
intimation is sent to the police station and district of which he was a
resident so that his name can be struck of the register/list of
proclaimed offenders.
57. Every member of the village panchayat, chowkidar of the
officer employed in connection with the affairs of the village and
every person residing in the village must communicate to the nearest
magistrate/police station of any person whom he knows or
reasonably suspects to be a proclaimed offender. As soon as a police
station receives intimation of the proclamation of a resident of its
jurisdiction, the sarpanch and chowkidaar of the village where the
proclaimed offender resides or has relatives or friends that he is
likely to visit, are informed about the same.
58. Whoever knowingly harbours a proclaimed offender to
prevent his apprehension is liable to be punished under Section 216
IPC with imprisonment upto 7 years in certain cases. The Court
issuing a proclamation may order the attachment of any property
belonging to the proclaimed person in order to compel his
appearance before the Court under Section 83 CrPC.
59. The Court pronounces an absconder as a Proclaimed offender
if he is accused of any of the following offences: Murder; Culpable

52
homicide not amounting to murder; Kidnapping or abducting in

order to murder; Kidnapping or abducting in order to subject person
to grievous hurt, slavery etc.; Committing theft after making
preparation for death, hurt or restraint in order to commit the theft;
committing robbery or attempting to do so; causing hurt in
committing robbery; committing dacoity/dacoity with murder;
committing robbery/dacoity with attempt to cause death or grievous
hurt; attempting to commit robbery/dacoity when armed with deadly
weapon; preparing to commit or assembling to commit dacoity; or
belonging to a gang of dacoits; Causing mischief by fire or explosive
substance with intent to destroy house, etc; Committing house-
trespass in order to commit offence punishable with death; causing
grievous hurt/death while committing lurking house-trespass or
house-breaking; being member of group that causes grievous
hurt/death while committing lurking house-trespass or house-
breaking by night.
60. If during the course of investigation of a case sufficient
evidence justifying the arrest of an accused is collected but the
accused is found evading arrest, a warrant of arrest should be
obtained immediately and the Investigating Officer should make all
possible efforts to trace the whereabouts of the accused.
61. In State of Maharashtra v. Dawood Ibrahim Kaskar, 1997
(2) Crimes 92 (SC), the Supreme Court held that a warrant of arrest
can be issued by the Court against a person, who is accused of a non-
bailable offence and is evading arrest. Enquiries should be made
from his relatives, friends and other persons who are likely to be

53
aware of his movements and they should all be warned against

harbouring him.
62. If the accused continues to evade arrest and the warrant cannot
be executed, the Police Officer entrusted with the execution of the
warrant should be produced before the Magistrate to give evidence
to the effect that the warrant could not be executed. The Magistrate
should then be requested to issue proclamation under Section 82
CrPC and attachment of property order under Section 83 CrPC.
Proceedings under Sections 82 and 83 CrPC should be completed
expeditiously.
63. Section 82 CrPC lays down that if the Court is satisfied that
such circumstances exist, the Court will give a time period of 30
days from the date of proclamation within which the person has to
appear before the Court. The issuance of warrant is prerequisite for
an order of proclamation.
64. Without having the authority to issue a warrant, a Court
cannot issue any order of proclamation. These seemingly harsh
measures are important as financial sanctions compel the person to
come to the Court.
65. Before an order of proclamation is issued, the Court must
ensure that it has the reasons for issuing such an order. An order of
proclamation without sufficient cause would be illegal and therefore,
any consequent action arising out of that order like attachment would
be deemed illegal as well. Therefore, much turns on the fact that
whether the Court is satisfied that the person has absconded or is
concealing himself is justified or not.

54
66. The amendment to the CrPC in 2005 also brought in a few

changes with regard to the order of proclamation. A new subsection
(4) was added to Section 82 which mandated that when a person
accused of an offence punishable by certain Sections, including
Section 302, fails to appear within the specified time and place as
given by the order of proclamation, he would be declared a
proclaimed offender.
67. Section 174A was included in the IPC by 2005 amendment
which stipulated a punishment of a maximum of three years with or
without fine in case of proclamation issued under Section 82(1)
CrPC and a maximum of seven years with fine in case of Proclaimed
offender.
68. Sections 83 to 86 CrPC deal with attachment and the effects
arising thereof. Section 83 CrPC empowers the Court to attach the
property of any person concerned against whom a proclamation has
been issued. Therefore, an order of attachment can only be made
after an order of proclamation has been issued for justifiable reasons.
This is in direct contrast to the Old Code where the attachment order
could be issued at any time, even simultaneously with the order of
proclamation.
69. Even in the present CrPC, the attachment order can be made
simultaneously with a proclamation order on two exceptional
occasions: one, when the property is about to be disposed of and
two, the property is about to be removed from the local jurisdiction
of the Court. The Court can attach both moveable and immoveable

55
property but a curious wrangle arises when it comes to attaching

joint family property.
70. Section 84 CrPC relates to claims and objections regarding
attachments. If a person, other than the proclaimed person, has an
interest in the property to be attached, he may object to that
attachment within six months. Section 85 talks about release of the
attached property on appearance of the proclaimed person within the
specified time. Section 86 CrPC lays down the rule regarding appeal
from order rejecting application for restoration of attached property.
Suggestions of Mr. N. Hariharan, Senior Advocate as Amicus
Curiae
71. The system of common law countries like USA, Canada, and
Australia provides for service by Private Process Server to serve the
papers on the opposite side. The reason one may decide to use
Private Process Server is that it is more efficient, effective and
minimises the hassle one has to undergo if the opposite side is
avoiding service.
72. In India, where the Courts and Administrative Staff are
already overburdened, it might be difficult for the Process Servers to
devote the time or exercise due diligence necessary to track and
serve opposite party which is trying to avoid service. The Private
Process Service would not only reduce the burden on the present
Process Servers but also ensure, that persons, who remain un-served
for no fault of theirs, e.g. change of address or for some other reason
(unintentional) are not declared proclaimed offenders.

56
73. The Process Server may be directed to file an affidavit

disclosing the date, time and mode of service, the attempts made to
serve and identify the accused. The affidavit should specifically
reflect that due diligence was exercised in serving the process and
service was not effected in a mechanical manner.
74. The filing of the affidavit would instil a sense of
accountability in the process server and make them acknowledge the
fact that in case they failed to exercise due diligence, they would be
held responsible. It will act as a safety check to avoid the possibility
of tempering with the process of service or influencing process
server.
75. The affidavit of the process server should include the date,
time and mode of service. If the accused could not be served, the
attempts be made to identify and serve the accused.
76. Search on the popular social networking sites where people
often list their name, location and other information would be very
useful in tracing the accused.
77. The particulars of the friends and relatives of the accused be
furnished to the process server to enable him to trace out the
accused.
78. Linking police promotions to the number of proclaimed
offenders they nab either exclusively or as an additional criterion to
the already existing scheme. This would help to motivate the police
officials. As an additional incentive, on nabbing a predetermined
number of proclaimed offenders, a police officer should be

57
rewarded. This scheme was launched in nine districts within the

jurisdiction of IG, Jalandhar (Punjab) range.
79. A central data base of the proclaimed offenders be prepared
similar to the Crime and Criminal Tracking Network & System
(CCTNS) for sharing information between the state police with
respect to the proclaimed offenders. The data base shall include the
details of Proclaimed offenders/absconders involved in cases
registered in branch and the details of Proclaimed offenders/
absconders wanted in cases of other law enforcement agencies who
are residents of places within the jurisdiction of the branches and
likely to visit their home districts.
80. If accused is suspected to be abroad, a red corner notice may
be issued from INTERPOL against him or if the accused is
suspected to flee from the country, lookout notices/circulars may
also be issued.
81. The Ministry of External Affairs shall not issue passport
facilities to the absconding accused. The passport of such accused
should be revoked under Sections 6 and 10 of the Passport Act,
1967.
82. Periodical enquiries should be made about all the proclaimed
offenders and the result of such enquiries and efforts should be
mentioned in the Dossier Module or register kept in the branches.
83. A special cell dedicated tracking and apprehending
proclaimed offenders has become necessary.

58
Submissions of Mr. Rajiv K. Garg, Advocate

84. Section 61 CrPC provides the manner in which summons are
issued and Section 62 CrPC provides the manner in which the
summon issued should be served. It provides that every summons
shall be served by a police officer personally upon the
person/accused by handing/delivering or tendering him one of the
duplicates of the summons and getting him to sign a receipt therefore
on the back of the other duplicate.
85. The Investigating Officer who has filed the charge-sheet
against the accused has complete authority to serve the summons
upon the accused and the same can stall the whole criminal judicial
system by not serving the accused on the first instance and the
Criminal Courts take very casual view and grant various
opportunities and later as a matter of regular process fail to look at
the report of the service and the reasons thereof which is an
important aspect of the criminal justice system.
86. It is relevant to point out that Section 65 CrPC provides for
the procedure when service cannot be effected. However, the
Criminal Courts do not take recourse to Section 65 CrPC which
provides that in case service cannot be affected under Sections 62,
63 or 64 CrPC, the serving officer shall affix the summons on some
conspicuous part of the house or homestead in which the person
summoned ordinarily resides; and the Court, after making such
inquiries, may declare that the summons has been duly served or
order fresh service in such manner as it considers proper by way of
publication.

59
87. In the usual course, the summons is never served despite that
Courts issue bailable warrants and direct the concerned officer to
execute the same and upon the failure to the same issue non-bailable
warrants.
88. Multiple precautions could be taken whereby neither the
accused nor the prosecution could abuse the process looking the
grave consequences on either side i.e. prosecution as well to the
accused such as: service of summon shall be done by any inspector
and not just the I.O; the person affecting the service of summon shall
file an affidavit stating that the reason of non-service, the report
should be attested/endorsed by two the witnesses who shall confirm
the content of the said report; the serving officer shall also serve a
copy of the summons upon the RWA where such person is residing;
the IO shall file an affidavit in support of the said report; to ensure
the above, the Court may issue another process; before issue of
warrants, the Court must be satisfied upon the report of the IO
supported/endorsed by the two witness and the RWA; The warrant
issued be marked to a police officer for execution and he shall ensure
the execution thereof; only upon the report of the executing officer
that the accused upon whom the summons/warrant is to be executed
is evading service, having knowledge thereof and he has complied
with the entire procedure of service of summons and the court is
satisfied, only thereafter the court may issue the NBW; only upon
the service of the bailable warrant/NBW and upon failure of the
accused to appear before the court, or such person is absconding or
is concealing so that the warrant cannot be executed, the court may

60
issue proclamation; the proclamation may be published in the local

newspapers; the court before issuing a proclamation may be issued
notice to the RWA; the proclamation shall be affixed at some
conspicuous part of the house/office in which such person ordinarily
resides or to some conspicuous place of such town/village/area;
direct the SHO concerned of the area to personally serve such person
and upon failure to effect service on such person, file an affidavit
supported by two witnesses preferably neighbours; try to have
telecast the factum of the NBW and proceedings under Section 82/83
CrPC; and thereafter only being satisfied after recording of the
statement of the IO/SHO concerned issue the process of PO,
however, no PO be declared unless there is service of once of
summons/BW/NBW;
Suggestions of Ms. Sonia Mathur, Advocate for C.B.I
89. The copy of the proclamation order may be pasted on the
notice board of the offices of Self-Government bodies of the area
where the person resides.
90. The copy of the order shall be affixed on some conspicuous
part of the house or homestead in which such person ordinarily
resides.
91. In case accused is not available despite making best efforts,
the officer prepares a detailed report explaining efforts made by him
including the number of visits, the persons contacted and the result
of his enquiries.

61
92. The officer records statements of persons from whom enquires

were made and such statements should make part of the case diary as
well as part of the report to be submitted to the court.
93. The Court may consider the report of the officer and if
required, record the statement of the officer for its satisfaction that
despite sincere efforts, accused could not be arrested.
94. For its further satisfaction, the Court may order publication of
proclamation in more than one daily newspapers circulated in the
area of ordinary residence of the accused, his permanent residence
and his working place. Visual media and modern technology can
also be ordered to be used to enlarge the scope of such publication.
95. Prize money may be declared for information/apprehension of
the accused.
96. The Court may order any other process or method to ensure
compliance of the provisions depending upon the nature of the case
and background of the accused.
97. Since non-appearance of accused in response to the
proclamation under Section 82 CrPC has been made a substantive
offence, the provisions of Section 174A IPC are required to be
invoked against absconding accused. When the accused fails to
appear before the court in response to the proclamation issued under
Section 82(1) CrPC, within the period of 30 days from the date of
proclamation, or fails to appear at the specified place and time
required by the proclamation issued under Section 82(4) CrPC, he is
punishable with imprisonment for a term which may extend to three

62
years or with fine or with both and imprisonment for a term which
may extend to seven years or with fine or both, respectively.
Submissions of Mr. Surinder.S.Rathi, OSD-cum-Registrar of Delhi
High Court
When a person declared as an absconder or proclaimed offender

(PO)
98. The word `absconder' is not defined in the Code of Criminal
procedure. It occurs in other provisions of criminal law e.g. Sections
87 and 90(a) CrPC and Section 172 IPC. From the context and
object of these provisions an absconder may be said to be one who
intentionally makes himself inaccessible to the processes of law.
Hence, it is not enough if it is shown that it was not possible to trace
him soon after the occurrence.
99. It has to be established that he was available at or about the
time of the commission of the alleged offence and ceased to be
available after the commission of the offence, before he can be
treated as an absconder. Similarly, it has to be established that there
is no immediate prospect of arresting the accused. Then the question
arises, whether it is enough if the material on record shows that these
conditions have been fulfilled or whether it is necessary that the
recording Court should explicitly state that it has so satisfied itself
before the deposition is actually recorded such jurisdictional facts
must be existing on this date of passing of the order.
100. When a person is hiding from his place of residence so as to
frustrate the execution of a warrant of arrest, he is said to have
absconded. A person may hide within his residence or outside away

63
from his residence. If a person comes to know about the issuance of

a process against him or if he anticipates such a process and hides or
quits the country, he is said to have absconded. It is settled legal
proposition that when in order to evade the process of law a person
is hiding from (or even in) his place of residence, he is said to
abscond. A person is not said to abscond merely when he has gone to
a distant place before the issuance of a warrant. Similarly, it is
necessary that the person is hiding himself and it is not sufficient that
the Police is unable to find him.
101. Normally, if a person fails to appear before the Court even
after being served a summons, the Court issues a warrant of arrest.
However, if the person absconds to avoid the arrest, the drastic step
of proclamation for persons absconding needs to be taken, which is
described in Section 82 CrPC.
102. If the Court has reason to believe that a person has absconded
to avoid the execution of his arrest warrant, the Court may publish a
written proclamation requiring such person to appear before it at the
specified place and time. The date and time of appearance must not
be less than thirty days from the date of proclamation.
103. Section 82(2) CrPC, the proclamation must be read in some
conspicuous place of the town or village in which the person resides.
It should also be affixed to some conspicuous part of the house in
which the person resides or to some conspicuous place of the town
or village. A copy of the same must also be affixed to some
conspicuous part of the Court house. The Court may also direct a
copy of the proclamation to be published in a daily newspaper

64
circulating in the place is which such person ordinarily resides. The

terms of Section 82 CrPC are mandatory and a proclamation cannot
be issued without first issuing a warrant of arrest.
104. There are three stages when a person can be declared as a
proclaimed offender namely during investigation; during trial and
post-conviction.
During Trial
105. The scenario of abscondance during trial stands on a different
footing, at least as compared to abscondance during investigation. In
this category, the accused has crossed the stage of joining of
investigation and he has been summoned by a Court as an accused to
face trial after recording a finding of existence of sufficient material
against him. By this time, cognizance of the offence is also taken by
the Magistrate/Sessions Courts under Section 190 and 193 CrPC.
106. There can be two sub-categories. First category can be of
those who have not entered appearance in the trial even once. The
second category would contain those accused who stop appearing
during the course of trial after initially entering appearance and
furnishing the bail bond. In the first category, the Court has to ensure
that the address at which the accused is sought to be served is the
true and complete address of the accused. Many a times, either
deliberately or out of ignorance, the prosecuting agency,
complainant end up furnishing and incorrect and incomplete address
of the accused. Consequently, the Court is constrained to issue
processes at such address resulting in non-service and many a times,

65
it leads up to issuance of proclamation against the accused as his last

known address.
107. In the Second category, once the accused has entered
appearance and furnished bond not only his complete and correct
address is available with the Court but by entering appearance in the
trial accused comes to know of the pendency of the proceedings
against him. His absence or abscondance, post his entering
appearance in the trial, is a circumstance which can be relied heavily
against the accused.
108. If the Trial has crossed stage of framing of charges then a
finding of existence of prima facie case is also available on record.
Now there is a duly executed and sworn Bail bond coupled with a
Surety bond to ensure regular appearance of the accused.
109. A new offence in the form of Section 229A IPC has been
introduced in the Penal Code w.e.f. 23rd June, 2006 according to
which failure by a person released on bail or bond has been made a
penal offence.
110. This newly added offence is an addendum to Section 174A
IPC. Rather when looked upon together the newly amended Penal
Code provides that an offence stand committed not only for his non-
appearance on publication of a proclamation but also for non-
compliance of a Bail Bond furnished in a matter.
Suggestions to be followed at the time of Arrest/Surrender in Court
111. The IO or the SHO shall ensure that they shall personally or
through one of their Subordinate official visits the address disclosed
by the accused so as to check its correctness before or after his arrest

66
or while seeking his arrest warrants from the Courts. (Agreed by

CBI)
112. The IO/SHO shall record in the case diary the name of at least
two respectable persons of the locality of accused with their contact
details who will ratify that the address of the accused mentioned in
the arrest memo or the applications for seeking warrants of arrest of
the accused is a correct and complete one and it does actually belong
to the accused.
113. The IO/SHO must ascertain the additional addresses of the
accused viz. the permanent or the native place address and if
addresses are located in other States, the same shall be verified
through a subordinate or by any other means through the local police
of the address disclosed. (Agreed by CBI)
114. The IO/SHO shall obtain documentary proof of the address
disclosed by the accused and append the same with the Chargesheet.
115. In case an accused is a tenant in the property, a copy of the
rent deed/rent receipt or a plain paper declaration by the landlord
would be a sufficient compliance of this requirement.
116. The IO/SHO shall take photographs of the dwelling unit of the
accused which is shown/claimed to be address of the accused.
117. The IO/SHO shall prepare a site plan of the residential
address of the accused so that it can be used as an aid while serving
the accused with any process issued by the Court or execution of
NBWs or u/s 82/83 CrPC processes. That in case the IO/SHO has an
internet facility at Police Station, he shall take the help of printouts

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of internet maps like Google Maps so as to show the specific

location of the house.
118. The IO/SHO shall mandatorily ascertain the work profile/job
profile of the accused and shall obtain his complete address and
details of his place of work/employer with other contact details.
119. The IO/SHO shall obtain a documentary proof of the place of
work and shall record it in the charge sheet as an address where due
service can be effected. Photograph of such work place and a
sitemap shall also be obtained.
120. In case the accused is found to be working in a
Government/Private employment, the Head Office address of his
employer shall be obtained apart from requiring such Employer to
share with the Police/Court in case there is a change of place of
employment or termination or removal of accused from
employment.
121. At the time of arrest, the accused shall share names of at least
three blood relatives with their details like address and contact
numbers and the nature of relation preferably with documentary
proof who can be specifically contacted in case of issuance of any
coercive process against him. This would act as a safeguard to the
accused as in many instances accused ends up being declared a
Proclaimed offender despite not having any knowledge. (Agreed by
CBI)
122. The arrests shall be made as per the amended updated arrest
memo as specified in the Principal Research Paper at Page Nos. 44
to 45. (Agreed by CBI)

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123. At the time of arrest or soon thereafter, it shall be mandatory

for the accused to submit at least two of the following documents as
per Criminal Manual 1980 of Bombay High Court, notification
No.P.0805/2010 dated 29th July, 2010:-
(i) Passport
(ii) Pan Card Copy
(iii) Bank Passbook
(iv) Credit card with photograph
(v) Ration card
(vi) Electricity bill
(vii) Landline telephone bill
(viii) Voter I.D. Card issued by the Election Commission of
India
(ix) Property Tax Register
(Agreed by CBI & DP)
124. In case of grant of bail, it shall be mandatorily for every
accused and every surety as a condition for grant of bail that both the
accused and the sureties must necessarily inform the police
authorities as well as the Court granting the bail about the change of
their residential address while the accused is on bail. The change of
residential address should be immediately intimated either by the
accused or by the sureties as the case may be or by both with due
documentary proof. (Agreed by CBI & DP)
125. The concerned area Magistrate/Court hearing the application
shall ensure that the above guidelines have been duly complied with
by the police. (Agreed by CBI & DP)

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126. The concerned area Magistrate/Court hearing the Bail

application shall ensure that the accused shares all the above
particulars in addition to the particulars provided in the principal
research paper and various judgments of Delhi High Court and
Supreme Court before the benefit of bail is granted to the accused.
127. In all Sessions Triable cases, it shall be made mandatory that
the accused surrenders his passport, with the IO/SHO. However, as
regards cases instituted on private complaints namely Section 138
N.I. Act etc., the situation tends to get a bit complicated in so far as a
private complaint is not expected to have the way with all to verify
the correctness of the address of the accused or furnish documentary
proof thereof. (DP agreed)
Guidelines in such cases can be
128. In case of cases tried on private complaint, the complainant
shall share all the addresses known to him i.e. current/temporary/
permanent and workplace. (Agreed by CBI & DP)
129. In case of cases tried on private complaint, the complainant
shall file documentary proof of the address of the accused, if
available. (Agreed by CBI & DP)
130. Mandating the complainant to state on oath in his affidavit
that address mentioned by him in the complaint is true and complete
to the best of his knowledge. (Agreed by CBI & DP)
131. The complainant shall also disclose additional addresses of the
relatives of the accused even though service at those addresses may

70
or may not be treated as due service upon the accused. (Agreed by

CBI & DP)
132. – Post entering of appearance by the accused, it shall be
mandatory to him to disclose additional addresses other than those
mentioned in complaint to the Court with address proof. (Agreed by
CBI & DP)
133. In complaint cases, accused shall furnish name, address,
relation and other details of three of his relatives for future
communications. However, service of summons to those addresses
may not be treated as due service under Section 64 CrPC. (Agreed by
CBI & DP)
134. Since in a private complaint no arrest memo is prepared,
whether or not the Court is satisfied or bond is furnished at the time
of bail, it be mandated that the address of the accused and surety be
verified from the local police along with compliance of suggestions
already given in the Principal Research Paper including obtaining
permanent and workplace address and in case of tenanted premises,
tenancy document. (Agreed by CBI)
135. Mandating Courts and Police to take on record photograph of
the accused and surety along with surety bond. (Agreed by CBI &
DP)
136. Courts to ensure that the surety furnished by the accused is
either in blood relation or of a person who has effective control over
the accused. (Agreed by CBI & DP)

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137. In case the surety claimed to be employed at some place,

verification of his address be done but verification of his
employment be also carried out. (Agreed by CBI)
138. Absence of mechanism of service by additional modes like
registered post, e-mail, courier, SMS and like leaves scope for false
service reports by human agency. [NCT of Delhi information
Technology (Electronic Service Delivery) Rules, 2012]. (Agreed by
CBI & DP)
139. Furnishing of false reports by process servers/police officials,
absence of mechanism where process service/police official can be
mandated to pay up three visits at the address of the accused as in
Civil cases, no mandate to process server/Police official to submit
affidavit of proper service in criminal matters when accused is in the
same district and no directive to Process Server/Police official to
photographed/video- graphed of the actual delivery of summons or
affixation. (Agreed by CBI & DP)
140. Arrest/ Court Surrender Form notified by the Lieutenant
Governor of Delhi on 05th January, 2001 be mandatorily filled by the
accused even in complaint case, which is not happening as of now.
This would go a long way in containing the instances of people
getting declared Proclaimed offender wrongly or persons escaping
the clutches of law in so far as this Arrest/Court Surrender Form
contains many important disclosures which can be used to
trace/track the accused. However, this Form needs further
amendment by way of inclusion of UID Aadhar number, Bank
Account number, Driving Licence number, PAN number and other

72
additional details which can be crossed checked from different Data

Banks. (Agreed by CBI & DP)
141. In case any criminal complaint or in a case filed by Police,
before the summon shall be served on the accused in a foreign
country, the Court must satisfy whether India has a Mutual Legal
Assistance Treaty (MLAT) or any other similar Treaty. Upon
ascertainment of these facts, summons should be served only under
the formats/guidelines provided therein. (DP agreed)
142. There is an urgent need to update the Arrest Memo Forms
being used by Investigating Agencies. The forms being used now a
days does not carry any specific particulars which can be got verified
in a foolproof manner, without wastage of any time.
143. One way of doing the same is by mentioning the duly verified
Aadhaar Number and if possible by appending the Aadhaar I.D. print
out of the arrestee. Such Arrest Memo shall also have a declaration
by the SHO of the area that the fact that the factum of his/her arrest
has been uploaded/updated in the modified UIDAI data management
system. For arrestee who does not have an Aadhar Card or
registration, it can be got prepared or done even post his arrest, in no
time.
Suggestions qua issuance of Warrants of Arrest at Investigation
Stage
144. Investigating Officer may apply to a Magistrate for issuance
of warrant of arrest where the offence is cognizable and non-bailable
and proposed warrantee is evading his arrest. (Agreed by CBI)

73
145. While applying for warrant, the Investigating Officer must

show the Magistrate his efforts made for arresting the proposed
warrantee. (Agreed by CBI & DP)
146. Investigating Officer must show that the proposed warrantee
is ordinarily residing at or was very recently residing at some
address which is in the knowledge of the IO through any manner and
that now the proposed warrantee is not available at that address due
to his deliberate intention to avoid custody in the case in question.
147. No warrant shall be issued against a proposed warrantee
merely on the ground that he is not available for the IO/ Police
officials for the purpose of joining him in the investigation. (Agreed
by CBI & DP)
148. Investigating Officer must satisfy the criteria that in his belief
and on the basis of material collected by him/previous IO during the
investigation, he is of the opinion that the proposed warrantee is
involved in the case as an accused. (Agreed by CBI & DP)
149. Only a strong suspicion or information of secret informer
cannot be treated as a ground for issuance of warrant of arrest.
150. Only on the basis of disclosure statement made by some
accused before the police officer naming the proposed warrantee,
prayer for issuance of warrant shall not be entertained.
151. No warrant shall be issued against proposed warrantee unless
the Police Officer has categorically stated in writing that there exists
grounds of arrest and such grounds are not only legally admissible

74
but are also sufficient to sustain filing of a chargesheet against him

in the Court.
152. Investigating Officer must show that in his opinion custodial
interrogation of the proposed warrantee is necessary for the just and
fair investigation of the offence(s) in question. (Agreed by CBI)
153. The Magistrate must record his satisfaction in respect of the
fact prima facie involvement of proposed warrantee, requirement of
his custodial interrogation and that he is evading his arrest. (Agreed
by CBI)
154. The Magistrate than can exercise his powers to issue warrant
of arrest even at the stage of investigation in cognizable and non-
bailable offences. (Agreed by CBI)
155. Such prayers shall be endorsed by the SHOs and Asstt.
P.P./Addl. P.P./Chief P.P. of the Court as well with a declaration that
they are satisfied that it is a fit case for issuance of NBW. (Agreed by
DP)
Suggestions qua issuance of Proclamations at Investigation Stage
156. No Proclamation shall be issued by a Court qua a suspect
unless the Police Officer has categorically stated that the offence in
question was committed in his immediate presence. (Agreed by DP)
unless the Police Officer has categorically stated in writing that there
exists grounds of arrest and such grounds are not only legally
admissible but are also sufficient to sustain filing of a chargesheet
against him in the Court. (Agreed by DP)

75

unless the Deputy Commissioner of the District (DCP) ratifies in
writing that there exists grounds of legally admissible and cogent
evidence warranting the issuance of Proclamation against him.
merely on the ground of suspicion how so ever strong.
merely on the ground of naming of the suspect in the disclosure
statement of co-accused or an input received from a secret informer.
unless the Court records its prima facie satisfaction to the effect that
it is satisfied with the admissibility and quality of the evidence.
unless the Court records its prima facie satisfaction to the effect that
the accused has been duly served with a notice/warrant or is satisfied
that the suspect has absconded or is concealing himself so that such
warrant cannot be executed.
merely on the ground that the IO/ Police official has failed to
apprehend/arrest or ascertain the whereabouts of the suspect.
(Agreed by CBI)
merely on the ground that he is not available at his known places of
abode or is not found his last known address. (Agreed by CBI)
merely on the ground that he is not available for the IO/ Police

76
officials for the purpose of joining him in the investigation. (Agreed

by CBI)
unless the Asstt. P.P./Addl.P.P./Chief P.P. ratifies in writing that
there are grounds of legally admissible and cogent evidence
warranting the issuance of Proclamation against him.
Suggestions qua issuance of Warrants of Arrest at Trial Stage
167. At the stage of trial, accused will normally be on bail on
executing personal bond with surety. The scenario of abscondance
during trial stands on a different footing, at least as compared to
abscondance during investigation. In this category, the accused has
crossed the stage of joining of investigation and he has been
summoned by a Court of Law as an accused to face trial after
recording a finding of existence of sufficient material against him.
And if the Trial has crossed stage of framing of charge then a finding
of existence of prima facie case also available on record. Now there
exists a duly executed and sworn Bail bond coupled with a Surety
bond to ensure regular appearance of the accused. (Agreed by CBI &
DP)
168. Therefore, at this stage, non-appearance of accused without
any justified reasons should be taken as sufficient justification for
issuance of warrants of arrest including NBW as the case may be.
169. If any authorized person moves an application to show the
reasons for non-appearance of the accused, the Court should decide
the application. If the Court is not satisfied with the reasons

77
proposed, it may indicate the non-appearance without justification.

Suggestions qua issuance of Proclamations at Trial Stage
170. Needless to say that for issuance of proclamation, existence of
warrants of arrest is necessary. Code of Criminal Procedure nowhere
differentiates between issuance of proclamation at the stage of
investigation or at the stage of trial. Therefore, the procedural
guidelines suggested above for issuance of proclamation at the stage
of investigation should apply to the stage of trial in the
corresponding manner.
Suggestions qua issuance of Post-Conviction
171. The scenario of abscondance post trial stands on a totally
different footing, as compared to abscondance during investigation
or trial. In this category, the accused has not only crossed the stage
of joining of investigation but he has also faced a full-fledged trial
by a Court of Law and a finding of conviction against him stands
recorded in the form of judgment of conviction. Hence as compared
to the stages of "During Investigation" and "During Trial", an act of
abscondance at this stage shall be treated as the most serious one. An
act of abscondance at this juncture, tantamount to clear wilful
abscondance and such an accused shall be dealt with strictly
according to Section 174A IPC. (Agreed by CBI & DP)
Suggestions qua General Requirements and Pre-conditions for
issuance of Proclamations
172. There must be a report before the Magistrate that the person
against whom the warrant was issued by him had absconded or had

78
been concealing himself so that such warrant cannot be issued. An

attachment warrant can be issued only after the issuance of
proclamation.
173. The expression „reason to believe‘ occurring in Section 82
CrPC suggests that the Court must be subjectively satisfied that the
person has absconded or has concealed himself on the materials
before him.
174. The term „abscond‟ is not to be understood as implying
necessarily that a person leaves the place in which he is. It is
etymological and its ordinary sense is to hide oneself. Further under
Section 82 CrPC, the Court issuing proclamation must record its
satisfaction that accused had „absconded‟ or „concealed himself‟.
175. The three clauses (a), (b) and (c) of Section 82(2)(i) CrPC are
conjunctive and not disjunctive. The issue of valid publication
depends on the satisfaction of each of these clauses. Clause (ii) of
sub-section (2) is optional; it is not an alternative to clause (i). The
latter clause is mandatory.
176. The Magistrate must be satisfied that the accused was
absconding or concealing himself for the purpose of avoiding the
service of the warrant. The mere fact that the police could not find
the accused is not enough under this Section. What is required is the
evidence of the effect that he had known that he was wanted and was
avoiding arrest.
177. Under Section 82 of the Code, the Magistrate issuing
proclamation must record his satisfaction that the accused had
absconded or concealed himself. A person who had gone abroad

79
before the issue of the warrant of arrest cannot be said to be

absconding or concealing. However, even though the accused has
left India before proclamation, if he continues to remain outside
India with a view to defeat or delay the execution of the warrant, he
has to be taken to be absconding person.
178. The proclamation of absconding shall not be issued whenever
a warrant fails of its effect. Before issuing a proclamation, the officer
who tried to execute the warrants must be examined as to the
measures adopted by him to serve it.
179. If on his evidence or in any other manner, the Magistrate is
satisfied that the accused is absconding or concealing, then and then
only the processes of proclamation may be issued.
180. Process under Section 82 of the Code cannot be issued unless
it is established that a warrant had already been issued against the
person wanted and that person was absconding. The previous issue
of a warrant against the person whose attendance is required before
the Court is a necessary condition.
181. Simultaneous issue of both the processes, namely, warrant of
arrest and proclamation is ex-facie contradictory, since it is only
after the first that the second can be issued where the concerned
person has absconded or is hiding.
182. A proclamation under Section 82 CrPC must mention the time
within which and the place at which the absconder should present
himself to save the sale of his property. An omission to mention the
time and place would render the proclamation a nullity. The

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proclamation shall also be ineffective if a period lesser than that

provided by the Section is mentioned.
183. The failure to comply with all the three modes of publication
is to be considered invalid publication according to law as the three
sub-clauses (a) to (c) are conjunctive and not disjunctive.
184. The most important part of the publication is the publishing of
the proclamation in the accused‟s place of residence, and it is from
the date of such publication that the 30 days should be counted.
185. An accused person against whom a proclamation has been
issued must, until he has surrendered, be regarded as in contempt,
and the Court will not entertain any application on his behalf.
Suggestions for enhancing the efficiency in execution of
proclamations
186. Making UID/Aadhaar Card as the basis of all interrogations,
arrests and proclamations.
187. When we are pondering over improving the efficiency of
execution of proclamation proceedings, the focus of attention shall
not remain limited to the proceedings issued under Section 82, 83
CrPC but it shall travel beyond the same. The need of issuance of
proclamation arises at difference stages of criminal justice system
i.e. during investigation, trial and post-trial.
188. In this regard, the identity particulars of an individual are the
most important inputs at the hands of Investigating Officer or Court.
Be it an interrogation or arrest, if the technological tools available
today are availed then the instances of a person absconding from the
judicial system can be minimised to a great extent. It is in this

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reference that the project undertaken by the Planning Commission

qua issuance of a unique identification of all the citizen of the
country would come handy and can assist the criminal justice system
in many wonderful ways.
189. As per information available on the website maintained by
Unique Identification Authority of India, Planning Commission,
Government of India. Aadhaar is a 12-digit individual identification
number issued by the Unique Identification Authority of India on
behalf of the Government of India. This number will serve as a proof
of identity and address, anywhere in India. Any individual,
irrespective of age and gender, who is a resident in India and
satisfies the verification process laid down by the UIDAI can enrol
for Aadhaar. Each individual needs to enrol only once which is free
of cost. Each Aadhaar number will be unique to an individual and
will remain valid for life. Aadhaar number will help you provide
access to services like banking, mobile phone connections and other
Govt and Non-Govt services in due course.
190. Aadhaar is easily verifiable in an online, cost-effective way;
unique and robust enough to eliminate the large number of duplicate
and fake identities in government and private databases; and random
number generated, devoid of any classification based on caste, creed,
religion and geography.
191. The Unique features of Aadhaar Card registration are a 12
digit unique identity for every Indian individual, including children
and infants; enables identification for every resident India;
establishes Uniqueness of every individual on the basis of

82
demographic and biometric information; it is a voluntary service that

every resident can avail irrespective of present documentation; each
individual will be given a single unique Aadhaar ID number;
Aadhaar will provide a universal identity infrastructure which can be
used by any identity-based application (like ration card, passport,
etc.) and UIDAI will give Yes/No answers to any identity
authentication queries.
192. The above features of Aadhaar Card are so dynamic in nature
that they are absolutely foolproof and leaves no scope for a person to
impersonate to escape the clutches of law. It is need of the hour that
not only the federal investigators of criminal cases like National
Investigation Agency (NIA) and Central Bureau of
Investigation(CBI) but also state police like Delhi Police should be
allowed to have an unhindered access to the UIDAI data so as to
correctly identify the suspect or an accused right from the stage of
investigation.
193. The UIDAI data base shall be so enabled so that the criminal
antecedent or any kind of interface of a person shall be recorded in
his/her UIDAI data by way of some kind of hyperlink etc.
Modification of arrest memos in terms of UID/Aadhar particulars
194. On the same lines there is an urgent need to update the Arrest
Memo Forms being used by Investigating Agencies. The forms
being used now a days does not carry any specific particulars which
can be got verified in a foolproof manner, without wastage of any
time.

83
195. One way of doing the same is by mentioning the duly verified
Aadhaar Number and if possible by appending the Aadhaar I.D. print
out of the arrestee. Such Arrest Memo shall also have a declaration
by the SHO of the area that the fact that the factum of his/her arrest
has been uploaded/updated in the modified UIDAI data management
system. For arrestee who does not have an Aadhar Card or
registration, it can be got prepared or done even post his arrest, in no
time.
Mandatory affixation of photograph of the arrestee on the Arrest
Memo
196. The modified Arrest Memo should have a mandatory column
for affixation of front and side pose photograph of the arrestee. This
can be easily achieved with the help of a web-based camera which
can be attached with any Desktop/Laptop computer. Inclusion of
photograph would not only bring credibility in Arrest Memo but
would also come handy in the future proclamation proceedings, if
any. Also, once included in the Data Bank of National Crime
Record Bureau (NCRB), the photo can be used to identify the repeat
offender with the help of latest software tools which use face
recognition techniques like super imposition etc.
Inclusion of all mobiles and landline connections of the arrestee in
the Arrest Memo
197. The Arrest Memo shall carry all mobile and landline numbers
of the arrestee apart from such contact numbers of his/her parents,
spouse or any other first-degree relation for future reference
purposes. Availability of mobile phone number of the suspect,

84
arrested accused would come handy in establishing communication

with him/her by the Investigating Agencies or the Courts. Also
under 'Know Your Customer' (KYC), all telecom companies are
obliged to keep updated photos and other IDs of all their customers.
198. Almost all residents of Delhi have at least one mobile phone
connection in their name and almost half of the mobile phones
carried by the population of Delhi are smart phones. Once a person
shares his mobile number with the investigating agency or the court
during investigation or trial, apart from serving him the conventional
mode of communication like summons, registered post etc. he can be
served through new I.T. technology tool like Email, Facebook,
Twitter, etc. For example, experience shows that in very many
summons, processes issued by the Court a report is received that the
accused did not meet or was not available or the house was found
locked. In case, the mobile number of the accused is available with
the police or the court not only the service of a notice/summon can
be made through SMS service but even if some dasti service is to be
effected, the accused can be forewarned to remain present at his
house at a particular time, on scheduled date for service of processes.
Inclusion of all other particulars of information technology
communication tools like Email I.Ds, Facebook accounts,
LinkedIn account and Twitter handles etc. of the arrestee in the
arrest memo
199. Another improvement which can be brought into the modified
arrest memo is inclusion of particulars of other new age modes of
communications namely Email I.Ds., Facebook accounts, LinkedIn

85
accounts, Twitter handles, etc. These modern days social media

tools can be used for tracking and tracing an accused in case of any
exigency akin to abscondance. Such information technology modes
of communication can be legally accepted as per 'e-service' provided
in Delhi Electronic Service Delivery Rules. (Agreed by CBI & DP)
Inclusion of all the Bank Account particulars and Credit/Debit
Cards particulars of the arrestee in the arrest memo with real time
web linkage to Aadhar Card
200. Another vital suggestion is to include all the Bank Accounts
particulars and Credit/Debit Cards particulars of the arrestee in the
arrest memo with real time web linkage to Aadhar Card data. This
would go a long way in tracking an arrestee accused if he absconds.
Any usage or operation of Bank account or the Credit Card, when
put under surveillance, would get registered and alarm the security
agencies.
Creation of a dedicated website containing particulars of all the
person arrested or bailed in criminal offences
201. Our country is a world leader in software and hardware
development. We can use the information technological tools by
creating a database of all arrested criminals and also all those who
are facing Criminal Prosecutions. This would not only be handy and
easily accessible to all concerned specially Security Agencies but
will also act as a deterrence to the potential absconders.
202. Such a data base can even be made accessible to the public so
that the same can be used to verify the criminal antecedents or
credentials of a person through a simple search process by private
parties. Such a data bank can also help identify repeat offenders and

86
serial offenders and can be an effective tool in efficient handling of

crime. (Agreed by DP)
Creation of a dedicated website for all persons against whom
proclamation issued or who are declared Proclaimed offenders
(PO)
203. Likewise we can also use the IT tools by creating a database
and a dedicated Website of all absconders and Proclaimed offenders.
This would go a long way in bringing in discipline in Criminal
Trials. Access to this tool would help in speedy trial of justice and
help tracking the absconders. As of now there is no sure short
mechanism whereby list of absconders or P.O. of a particular state
can be easily accessed by police force from other States and Nations.
Having a state-wise data bank apart from a national data bank of
such absconders/P.O. would help all stake holders in tracking such
persons and bringing them to justice. Even otherwise, absondance is
a public information and as per law, an absconder/P.O. can be
arrested even by non-police general citizen. (Partly agreed by CBI)
Mandatory registration of all property owners/landlords who let
their residential/ commercial or industrial property on rent
204. Delhi being the national capital attracts thousands and lakhs of
inbound settlers. Crimes committed by this floating population are
alarmingly high. Also, the heightened national security scenario
demands repeated notification of compulsory Tenant verification
drives by Delhi Police. Another suggestion this Paper would like to
put forth is compulsory Registration of all the Landlords and Tenants
in the territory of Delhi with specific reference to Aadhaar Number.

87
205. This can be done in a simple online format and also through
offline procedure. Some simple practice directions can be issued in
this regard. This would, upon its linkage to Aadhaar data bank, rule
out frequent incidents of abscondance during criminal trials.
Execution of Section 82/83 CrPC processes to be done by an
officer not below the rank of S.I., since it is now a cognizable
offence, under 174A IPC
206. Since abscondance and declaration as Proclaimed offender has
now become a cognizable and non-bailable offence it is imperative
that the execution of Proclamations shall be accorded top priority
and its credibility restored. This can be done only if the process of
execution of Section 82-83 CrPC is handled by a responsible senior
officer of the Police Station or by a team of dedicated officers
specially assigned the job in each police district.
207. It is also pertinent to mention here that as per Section 82(3)
CrPC a finding by the concerned Court shall be regarded as the
conclusive evidence and proof of all compliance of all pre requisites
of this Section. Meaning thereby there would practically no viable
defence available to the accused once his proclamation is published
by the Police and a satisfaction is accorded to it by the Court. As
such execution reports of Sections 82 or 83 CrPC submitted by a
Constable or a Head Constable cannot inspire requisite confidence as
compared to a report of S.I. or above.
Mandatory photography and video recording of 82/83 CrPC
proceedings and attachment of the video file with the prosecution
material-
208. Another tool which can add credence to the publication
proceedings is photography as well as videography of the

88
publication proceeding. This would rule out instances where it is

found that the execution police official has prepared the publication
report without actually visiting the house of the accused. A series of
photos and a video of the house of the accused during publication of
the proclamation, will rule out the instances where accusation are
made that no visit was paid by the execution officer at the address of
the accused. (Agreed by CBI & DP)
Mandating RWAs to keep track of floating population in their
localities
209. In order to bring orderliness in Criminal Justice System one
measure that can be adopted is to involve the civil society in tracking
the floating population of their locality. Schemes like Bhagidari can
be utilized for this propose. Residential Welfare Associations/Market
Associations are being allocated funds by the Govt. of NCT of Delhi
under various Schemes. They have sufficient ways and means and as
such can be requested to keep track of floating population in their
catchment colony and update the local P.S. about it. They can be
requested to keep a list of landlords who let their residential,
commercial or industrial properties on rent apart from details of their
tenants. (Agreed by CBI & DP)
Mandating the collection of residential as well as work place
details of all the accused
210. The antecedent verification of accused as done under Form-
12 under Punjab Police Rules, shall include not only permanent
residential address verification but also past work place address
verification. Many a times, ex -employers have a clue about the

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employees past as well as their current whereabouts. (Agreed by

CBI & DP)
Suggestions for early apprehension of Proclaimed
offenders/Proclaimed Persons
211. This is high time that names, addresses and pictures if any of
Proclaimed offenders are made public on different governmental
website i.e. NCRB, CBI, Delhi Police and other State Police. (CBI &
DP agreed)
212. There is an urgent need to create a dedicated website which
contains data of all the Proclaimed offenders and Proclaimed
Persons/ Absconders of each State / Union Territory in a
consolidated way with details of the crime, address etc. Either it can
also be integrated with the aforementioned CCTNS so that the
efforts to trace proclaimed offenders are not only in States where the
accused declared PO but also in the entire Nation and even the
world. (CBI & DP agreed)
213. Such website and another criminal investigation police
websites shall carry a simple search box option where details of each
Proclaimed offenders can be ascertained and by simply searching
them with their names or other available particulars. There shall be
no hesitation for the police in making names and details of the POs
public so that Proclaimed offenders can be arrested by the citizens
under Section 43 CrPC. (CBI & DP agreed)
214. Police be mandated to display on their website all their
Standing Orders and SOPs so as to spread awareness in the general

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public. (CBI has apprehensions (its Crime Manual already on

Internet) & DP agreed)
215. Delhi Police shall put in place a Digital Surveillance System
whereby it shall be given an „see only‘ access to all Digital Data of
the following departments so that they can cross check if any of
these 18,541 Proclaimed offenders can be digitally tracked and
brought to justice. The threat perception from these 18,541 POs
roaming around in Delhi fearlessly is immensely grave. The details
of the departments are as under: All Nationalized and Private Banks
Saving Account Holders data; All Nationalized and Private Banks
Loan Account Holders data; All Nationalized and Private Banks
Credit Cards Holders Data; All PAN Card holders Data; All MTNL /
Private Landline holders Data; All MTNL / Private Mobile Holders
Data; All Passport Holders Data; All Govt. and Private Insurance
Holders Data; All Aadhar Card holders Data; All Voter cards holders
data; Transport Department, Driving Licence and Vehicle
Registration Data; Registrar of Death Registration Data.
216. Once given access, there are software which can as Web
Crawlers search out the POs out of large data bases. (DP agreed)
217. Apart from the above data base, the Digital Surveillance Team
of Delhi Police and CBI shall also keep vigil on social media and
website like Facebook, WhatsApp, LinkedIn and Twitter etc. for
searching the accused with enhanced technological tools, now
persons can be tracked even through photographs. (DP agreed)

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218. All the Police Stations to display Names and Pictures of POs
prominently so as to make public aware of such persons and also that
public can help nabbing such POs. (DP agreed)
219. Creation of the 3D map of all the Police Stations areas in
Delhi with licensed or open source Google maps type mapping with
the help of National Informatics Centre (NIC)which will have a real
time pop-up display of all the proclaimed offenders, convicts and
other accused in a locality. The pop-up shall display the image,
name, address and other details in mobile/tab/pad device or laptop or
desktop for usage by Police, Intelligence agencies and Judiciary
only. (DP agreed)
220. On the lines of PIN codes allotted by Postal Department to the
entire length and breadth of our nation whereby a particular six-digit
PIN Code identifies a fixed area, this methodology can be further
used to award a Unique Address Code (UAC) whereby with the help
of Postal Department and Municipal Corporations having the house
records, pre-verified six-digit unique code for each address can be
created. This code can be used by the police as well as by the
Judiciary for cross checking of the address for verification purposes
at the time of arrest/surrender and acceptance of bonds. (CBI & DP
agreed)
221. In case a person does not have a passport to surrender, a letter
can be sent to Passport Authority of India to not to issue a passport
to the accused as and when applied without clearance of the
concerned SHO. (CBI & DP agreed)

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222. Note book of important rules, guidelines and regulations apart

from judicial directions can be prepared for all criminal Courts for
ready reference by Delhi Police as well as CBI. (CBI & DP agreed)
223. On the lines of CBI which has posted its criminal manual on
their website, Delhi Police shall also pass all its standing orders for
the consumption of the Courts as well as other citizens who needs to
have look at them. (CBI & DP agreed)
224. As suggested by Delhi Police, the necessary individual
information required for digital surveillance of the accused shall be
obtained by each criminal court as and when applications for
anticipatory bail is moved before it. Furnishing of all necessary
details for digital surveillance shall be made a pre-requisite in case
of anticipatory and regular bails. (CBI & DP agreed)
225. Mandatory usage of modified arrest and surrender form by
Delhi Police in State cases and by Court in criminal cases. (CBI &
DP agreed)
226. Interlinking of governmental / institutional databases for
instant real time verification: Evidently at the time of arrest, accused
furnishes his/her permanent / temporary / work place address
supported by identity documents like passport, Aadhaar Card,
Driving License and like. Such documents are also furnished by the
surety at the time of submitting Section 441 CrPC Surety Bond
before the SHO / MM / Trial Court.
227. Such exercise has already been carried out and tested in at
least following projects: eDAR National Dashboard: Under the
aegis of Artificial Intelligence Committee of Supreme Court, a

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decision was arrived at to use AI Tool SUPACE (Supreme Court

Portal for Assistance in Court Efficiency) in various legal fields like
criminal appeals, income tax matters, land acquisition cases,
Negotiable Instruments Act complaints, and Motor Accident Claims.
228. There is a need to interlink the governmental / institutional
databases with the help of APIs (Application Programme Interface)
with CCTNS of Police and CIS of judiciary for instant verification
of documents furnished in the course of investigation / trial.
229. A prerequisite to usage of AI Tools in these fields was
availability of structural digital database of all the cases. A Sub
Committee was formed by the AI Committee of Supreme Court
under Chairmanship of Hon‟ble Mr. Justice DN Patel, Chief Justice,
High Court of Delhi, with HMJ J.R. Midha, Judge, High Court of
Delhi, HMJ Paresh Upadhyay, Judge, High Court of Gujarat, Justice
Retd. K. Kannan as its Member and Sh. Surinder S. Rathi as its
Convener. The eDAR Dashboard is developed in such a way that it
seamlessly exchanges data with CCTNS of MHA, Vahan/Saarthi of
MoRTH and IIBI of IRDA and would eventually be able to push
eDAR to the Case Information System, CIS 3.2 of Judiciary. This
networking will help instant verification of documents thereby
saving thousands of man hours currently being utilised in
verification of documents like DL / RC from other states.
230. Exchange of Data between Commercial Courts and Registrar
of Companies: On a suggestion put forth by High Court of Delhi to
the task force on Ease of Doing Business which is looking after
enhancing the efficiency of Commercial Courts established under

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Commercial Courts Act, 2015, APIs were designed and exchanged

between the database of CIS which is utilised by judiciary for
generation of eSummons and the database of Registrar of Companies
under Ministry of Commerce which accords registration to the
companies under Companies Act, 2013 along with database of all
the Directors of the registered companies with their DINs (Director
Identification Numbers) and registered addresses. This system is
now in place and is being utilised at pilot locations for instant access
and verification of updated data.
231. Exchange of Data between Commercial Courts and Revenue
Department: Likewise, as discussed supra, APIs have been
exchanged between CIS of judiciary and database of Revenue
Department. Such a digital real time exchange of data not only
ensures that all the disputes pertaining to a particular property or a
piece of land are brought to the notice of the Revenue Department
but it also ensures that the Commercial Court dealing with a dispute
qua a property or a piece of land also gets to know about all existing,
pending and adjudged cases qua the same.
232. eGovernance Mission Mode Project of Government of India
mandated all Ministries, Departments and Public Sector
Undertakings to digitize their data and day-to-day working. In so far
as the eGovernance project is good two decades old, all the
digitization has already been carried out by all major Ministries and
Departments. Under the Bharat API initiative of Ministry of IT,
Government of India, the National eGovernance Division (NeGD)
18 apex officers, 53 Ministries, 54 Departments and 86

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Commissions have created their independent databases. 36 States

and UTs along with other independent apex bodies, Departments,
Boards, Undertakings, Statutory Bodies and Commissions are
already coordinating and delivering Government to Government
(G2G), Government to Business (G2B) and Government to Citizen
(G2C) eServices through APIs under Digital India initiative.
233. Taking advantage of this digital revolution, in order to tackle
the menace of accused/suspect absconding during the
investigation/trial, there is need to interlink the criminal justice
system with the available governmental/institutional databases.
234. Lack of comprehensive cohesive initiative in this regard has
led to spiralling of crime in the city state of New Delhi. Doubling of
number of proclaim offenders from 13,521 Proclaimed Offenders as
in March 2010 which has now reached more than 28,000 in the year
2021.
235. The databases which can be interlinked with CCTNS of Police
and CIS of judiciary include i) VAHAN, SARATHI of MoRTH, ii)
Aadhaar, iii) Bank Accounts, iv) Land records, iv) Mobile Phone
records, v) Passport, vi) Insurance, vii) Income Tax and like.
236. Creation of a dedicated Cell for Tracking and Arresting
Proclaimed Offenders: Considering the fact that in the last around 10
years the number of POs in Delhi has swelled to double from 13,500
in 2010 to 28,000+ in 2021, there is a need to create a dedicated cell
for digital tracking and arrest of these POs. Such cells in other States
and UTs can exchange real-time data to contain these outlaws. This

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will help restore Law and Order and will bring down spiralling
Crime.
237. Unified Criminal Justice System (UCJS) propounds a unified
software environment which connects each and every duty holder
under criminal justice system in a seamless manner alongside an AI-
enabled intelligent data keeping. It has the potential of bringing a
dynamic unison of each and every data produced and consumed by
the different stakeholders of criminal justice system. It will avoid
duplicity and disparity in data keeping between stakeholders like
Police, Judiciary, Prisons, Forensics, Prosecution, Legal Services
and others. With intelligent use of APIs, identity of the accused can
be verified instantly through Aadhaar, Voter ID and Passport
databases. Address verifications can be done through Municipal and
Revenue databases. Identity documents like Driving License, PAN
etc. can also be verified in no time through APIs of respective
databases. Details of previous arrests, prosecutions, convictions etc.
can also be ascertained and utilized once digital/paperless
investigation is carried out under the data keeping prototype
proposed by UCJS.
Submissions of Prof. (Dr.) G.S. Bajpai, Vice Chancellor of Rajiv
Gandhi National University of Law, Punjab and Former Professor
of Criminology and Criminal Justice, National Law University,
Delhi as Amicus Curiae
Part-I – Due process under Section 82 CrPC
238. Section 82 CrPC lays down the process for proclamation of

persons absconding as offenders. Section 82(1) provides that where

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the Court has reason to believe that any person against whom a
warrant has been issued has absconded or is concealing himself such
that the warrant cannot be executed, the Court may publish a written
proclamation requiring the person to appear at a specified date and
time not less than thirty days from the date of proclamation. Section
82(2) lays down the manner in which the proclamation shall be
published, which includes its reading in a conspicuous place of the
town or village where the person resides; affixation to a conspicuous
part of the house or homestead where the person resides; affixation
of a copy of the proclamation to a conspicuous part of the Court
House and the same may also be published in a daily newspaper.
Section 82(4) lays down that where the proclamation provided for in
Section 82(1) is in respect of a person accused of an offence
specified in the section and such person fails to appear at the
specified place and time, the Court may pronounce him a proclaimed
offender after making such inquiry as it deems fit.
239. As per the NCRB Crime in Indian Statistics, 2019, for the
2,67,19,411 processes (for summons, bailable warrants, non-bailable
warrants and other processes) received by the Police throughout the
year, 28,47,906 remained unserved. In this regard, the Bureau of
Police Research and Development, identified two problems with
respect to service of summons/warrants. Firstly, wrong/incomplete
identification of the arrested persons. Bureau of Police Research and
Development identifies the point of arrest of a person as the point at
which the Criminal Justice System records the particulars of the
person arrested. Secondly, Bureau of Police Research and

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Development identifies problems pertaining to insufficient

manpower, failure to leverage advances in technology and failure to
revamp police processes which lead to problems in service of
summons/warrants despite having correctly identified the particulars
of the accused.
240. A similar conclusion was reached by a research project
undertaken by the Jharkhand Judicial Academy at the instance of the
Ministry of Law and Justice. The project attempted to identify the
root causes for the non-appearance of accused and posed the query
to Judicial Officers, Superintendent of Police, Deputy Commissioner
and Public Prosecutors. Several respondents pointed out that the
non-appearance of the accused could be due to reasons of both a
deliberate attempt to evade justice or by simple ignorance.
Nevertheless, the respondents also outlined other reasons for a non-
appearance:
(i) Non-execution of warrant by police due to non-availability of
residential address of the accused, inaction of police in serving
the summons;
(ii) Misuse of bail;
(iii) Lack of stipulated time frame for conclusion of criminal trial;
(iv) Lack of technological and scientific methods in recording the
details of the accused etc.,
(v) It is also highlighted that non-execution of processes by the
prosecuting agency effectively. (Letter No.06/law-03/2014-
1364 Dt.07/03/2014 of Home Dept., issued by Principal
Secretary, Govt., of Jharkhand is not being followed etc.,)

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(vi) The migration of accused belonging low income group to

other
States for livelihood, illiteracy;
(vii) Lack of information about the court process.
241. From the abovementioned sources, among other problems, a

common theme that emerges is with respect to the inability of the
Criminal Justice System to identify the correct residential addresses
of the person accused both at the stage of investigation as well as the
trial. The same can also be gauged by a prima facie perusal of the
details of proclaimed offenders as available on the website of the
Goa state police. A peculiar distinction between the data on
proclaimed offenders as collated by the state of Goa and other Indian
states examined by the research team is that the state of Goa also
specifies whether the accused was released on bail by the
police/Court.
242. It can be plainly observed from the above that complete
residential details of the proclaimed offender aren‟t available in
several instances even where the proclaimed offender had been
released by the police/Court, despite Form No. 45 in the CrPC
dedicating a space for the same. The practise of merely noting down
the name of the town and State from which the proclaimed offender
belongs seems to have gained general acceptance in the application
of our criminal justice processes.
243. It can be expected therefore, that such information is not
gathered by the investigating agencies at the time of investigation in

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great detail either.

244. The investigating officer must be enjoined the duty to collect
several particulars at the stage of investigation including the
complete residential address and permanent address of the accused
and the contact details including the telephone and mobile phone
numbers and email addresses of the accused. The investigating
officer must also be required to collect information as regards the
social media accounts of the accused, given that such accounts may
also lead to information as regards the whereabouts of the accused.
Such details may be collected in terms of the pro-forma attached
with the submissions.
245. The abovementioned details of the accused must also be
collected by the police/Court at the time of the grant of bail. Such
details must be collected in addition to the requirements of Form No.
45 and in the manner stipulated in the pro-forma attached with the
submissions.
246. The proceedings under Section 82(2) must be required to be
photographed and video-graphed. Further, pursuant to any process
under Section 82, the Process Server must be required to fill out the
pro-forma and submit the same to the Court.
247. Another problem faced by the Amicus in the compilation of
the report, which acted as a bar to a comprehensive study of the
factors which encourage absconding are incomplete presentation of
data relating to absconders and proclaimed offenders by the police.
The National Crime Records Bureau (NCRB) may be directed to
gather data in a manner conducive to further studies. In particular,

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the NCRB may be directed to collect and display particulars

regarding the offence(s) of which the person was accused and
whether the person absconded at the stage of investigation or after
bail from police/Court.
Part-II - Attachment of property under Section 83 and prosecution
under Section 174A IPC
248. The same problem with respect to the inability of the Criminal
Justice System to identify the correct residential address of the
accused and which acts as a bar to the service of summons also acts
as a bar to the proceedings pertaining to the attachment of property
under Section 83 CrPC. The solution as regards proper recording of
the residential addresses, phone numbers, mobile numbers, social
media accounts of the accused through would also work effectively
towards securing the attachment of the residential property in the
name of the accused.
249. It was further submitted that the pro-forma lists out the
categories of movable and immovable properties in the name of the
accused for which the investigating officer must collect information.
Similar information must also be required from the accused at the
time of grant of bail by the Court/ police. Such proformas can go a
long way in securing successful attachment proceedings under
Section 83 CrPC.
250. However, certain practical difficulties have been pointed out
by the Jharkhand Judicial Academy in its report as regards the
attachment processes under Section 83. The relevant portion of the
report is reproduced hereunder:

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―Difficulty in securing the witnesses in the instances of

proclamation due to lack of effective witness protection
mechanism; in cases of attachment of movable property
such as cattle etc., situated in rural areas, difficulty of
transportation and non-cooperation of localities to keep
in custody of such property are the other reasons
specified relevant to the practical difficulties in execution
of processes issued by the court.‖
251. Addressing these practical difficulties requires addressing

broader institutional issues including that of increased manpower
and infrastructure for policing and promotion of community policing
mechanisms.
252. Prof. (Dr.) G.S. Bajpai has submitted the formats of the
proforma to be collected by the investigator during investigation;
proforma of details to be furnished by the accused at the time of bail;
and proforma of details regarding publication under Section 82.
Submissions of Mr. Rajshekhar Rao, Senior Advocate as Amicus
Curiae
253. Sections 82 and 83 CrPC secures presence of the person.
Depending on the nature of the offence, the person absconding may
be declared as a „proclaimed person‟ or a „proclaimed offender‟
under Section 82(2) CrPC. Courts also have the power to attach
properties of a proclaimed person in order to secure appearance
under Section 83(3) CrPC.
254. Unlike in case of a „proclaimed person‘, powers of arrest have
been given to various persons in case of a „proclaimed offender‟.
Powers have also been given to officers employed in connection
with affairs of a village to communicate to the nearest magistrate or

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officer in charge of a police station, any information relating to a

proclaimed offender under Section 40(1)(b) CrPC. Proclaimed
offenders may also be arrested by private persons, or any person to
whom a warrant is directed by the Chief Judicial Magistrate or the
Magistrate of First Class or by a police officer without an order from
a Magistrate or a warrant.
255. When the Code was initially enacted, for the purpose of
Section 40(1)(b) CrPC a „proclaimed offender‟ was defined as
including a person proclaimed as an offender by any Court to which
the Code does not extend for commission of offences in the
territories to which the Code extends which are punishable under
Sections 302, 304, 382, 392-399, 402, 435, 436, 449, 450 and 457-
460 of IPC. While Section 82 CrPC was limited to declaration of a
„proclaimed person‟.
256. Section 82 CrPC was subsequently amended vide the Criminal
Amendment Act 2005 w.e.f. 23.06.2006 to include sub-section (4)
and (5) which provide for declaration of a „proclaimed offender‟. As
per Section 82(4), a „proclaimed person‟ under Section 82(1) who
fails to adhere to the proclamation and is accused of offences under
Section 302, 304, 364, 367, 382, 392-399, 400, 402, 436, 449, 459-
460 of IPC may be declared as a „proclaimed offender‟. At the time
of amendment of Section 82, the definition of „proclaimed offender‟
for the purpose of Section 40 was not amended.
257. Despite the fact that ample powers have been granted in the
Code of Criminal Procedure for declaration of a „proclaimed person‘
and a „proclaimed offender‟ and their arrest with the sole objective

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of their appearance before a Court, such powers must be exercised

keeping in mind
constitutional rights of those sought to arrested as stipulated in
Article 207,
218 and 229 of the Constitution and in compliance with guidelines
framed by the Supreme Court in Arnesh Kumar v. State of Bihar,
(2014) 8 SCC 273.
258. The procedure for declaration of a „proclaimed person‟ and a
„proclaimed offender‟ as stipulated in the Code of Criminal
Procedure, comprises of various steps.
Publication of Proclamation under Section 82(1) CrPC
259. A proclamation may only be published directing that the
„proclaimed person‘ appear at a specified time and place not less
than 30 days from the date of publication, once the Court is satisfied
that: a warrant of arrest has already been issued and all possible
attempts to execute the warrant have been made and subsequent to a
warrant having been issued the person is absconding or concealing
himself in a manner to avoid execution of the warrant.
Enquiry to ensure that warrant of arrest has been issued and all
efforts to execute the same have been made by the Police Officer
260. It is necessary that prior to issue of proclamation, a warrant as
per the Second Schedule, Form No. 2 or Form No. 9 of the Code has
already been issued. The warrant must be issued keeping in mind the
guidelines framed by the Supreme Court in Raghuvansh
Dewachand Bhasin v. State of Maharashtra (supra).

105
261. It is also essential that all possible efforts to execute the

warrant of arrest were made by the police officials. The CrPC
provides ample powers to police officers to execute arrest warrants.
As per Section 77 CrPC, a warrant of arrest may be executed at any
place in India. A warrant may also be executed outside the local
jurisdiction of the court issuing the warrant. However, the Code does
not provide any rules/guidelines to be followed by the police officers
in course of execution of a warrant of arrest as have been provided
for service of summons in Sections 62-69 CrPC. In the absence of
such rules, guidelines were issued by the High Court of Madras
wherein it was directed that in case a warrant cannot be executed
within 30 days, (i) the officer concerned must file a status report,
exhaustively reflecting the steps taken by him and if it is expressed
that there are prospects of securing the person concerned before
long, reasonable time may be granted by the Judicial Officer not
exceeding 15 days by way of extension and (ii) if the officer
concerned assigns valid reasons and expresses inability to secure the
person against whom the warrant is issued, after examining the
reasons and assessing the facts and circumstances of the case and
after fully being satisfied that the accused is obviously evading
arrest, the Court shall resort to the procedure adumbrated in Section
82 CrPC.
Procedure to be followed for service of summons under the CrPC
262. Every summons shall be served by a police officer personally
on the person summoned or by delivering or tendering him one of
the duplicates of the summons. The police officer may also require

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the person summoned to sign a receipt on the back of a duplicate.

Summons may be served on corporate bodies and societies by
registered post. In the event, the person summoned cannot, by the
exercise of due diligence be found, summons may be served on an
adult male member of his family. In the event, it is not possible for
the police officer to follow any of the afore-mentioned modes, he
may also affix one of the duplicates of the summons to a
conspicuous part of the house in which the person ordinarily resides.
Thereafter, on the basis of the steps taken by the police officer to
effect service of the summons, the Court may, after making enquiries
as it thinks fit, either declare that summons has been duly served or
order fresh service of summons. As such, the Court is required to
make an enquiry as to whether the police officer has in fact, taken
any steps/the proper steps to effect service of summons.
Enquiry to ensure that warrant of arrest cannot be executed
despite all efforts of the police officer as the person is absconding
or concealing himself
263. It is pertinent that prior to issuing a proclamation under
Section 82(1), the Court shall record a finding that (i) all necessary
efforts for execution of warrant have been made and (ii) the only
reason the warrant has remained unexecuted is that the person
concerned is ‗absconding or concealing himself so that warrant
cannot be executed‘. Proclamations cannot be treated as proof of
execution of the warrant.16 The expression 'reason to believe'
occurring in Section 82 CrPC suggests that the Court must be
subjectively satisfied and record its reasons for coming to the

107
conclusion that the person has absconded or has concealed himself

on the basis of evidence or even without taking evidence.
Manner of publication of proclamation (issued under Section
82(1))
under Section 82(2)
264. As per Section 82(2), a proclamation may be published in two
ways i.e., (i) publicly read, affixed to a conspicuous part of the house
or homestead in which the person ordinarily resides or to a
conspicuous part of the town or village or the court house and (ii)
publication of the proclamation in a daily newspaper circulated in
the area where the person ordinarily resides. However, (ii) above
may only be resorted to if the court thinks fit and is not an alternative
to (i) above, while (i) is mandatory. As such, in view of the serious
repercussions that publication of a proclamation has on an
individual, it is essential to ensure that a proclamation is published
only in the manner provided in Section 82(2). Thus, the Court must
apply its mind to see if the proclamation has been issued in
compliance with Section 82(1), Section 82(2)(i) has been complied
with and if, in the facts and circumstances of the case, it is necessary
to resort to publication under Section 82(2)(ii). The Court must
further record a statement under Section 82(3) stating that Section
82(2)(i) has been complied with.
Declaration as a Proclaimed Offender under Section 82(4)
265. In the event, a „proclaimed person‟ against whom a
proclamation under Section 82(1) was duly issued and published,
fails to comply with the said proclamation, may be declared as a

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„proclaimed offender‟ in case the proclamation had been published

with respect to offences punishable under Section 302, 304, 364,
367, 382, 392-400, 402, 436, 449, 459-460 of IPC. As such, only a
person accused of these offences may be declared a „proclaimed
offender‟ after an inquiry in that regard has been conducted. Hence,
not all „proclaimed persons‟ can be declared as „proclaimed
offenders‟. Only those who are accused of the aforesaid offences
may be so declared. Subsequent to declaration as a proclaimed
offender, publication of the declaration must take place in the
manner stipulated in Section 82(2) and 82(3).
Registration of FIR under Section 174A IPC
266. Section 174A was inserted via the Criminal Amendment Act
of 2005 in the IPC wherein the following were included as offences:
non-compliance with a proclamation issued under Section 82(1) of
CrPC shall be punishable with imprisonment for a term which may
extend to three years or with fine or both; A declaration under
Section 82(4) is punishable with imprisonment for a term which may
extend to seven years and fine.
267. Hence, proceedings under Section 174A IPC may only be
initiated after a proclamation under Section 82(1) has been issued.
As per Circular dated 01st January, 2014 issued by the office of
Deputy Commissioner of Police, Legal Cell, Delhi in the event a
chargesheet has already been filed prior to the accused having been
declared a „proclaimed offender‟, a supplementary chargesheet must
be filed for the offence under Section 174A IPC. The Circular
further states that in a Complaint case, where no fresh FIR exists, a

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fresh FIR under Section 174A should be registered when

information with respect to an offence under Section 174A IPC is
received.
Attachment of property of a ‘proclaimed person’ under Section 83
CrPC
268. The provisions of Sections 83 to 84 become applicable on the
issuance of the proclamation under Section 82(1) and are not
dependent on the declaration under Section 82(4). As such, even
though „proclaimed persons‟ who are not accused of offences
stipulated under Section 82(4) cannot be declared as „proclaimed
offenders‟, their properties may be attached under Section 83.
269. Once a proclamation has been issued against a person under
Section 82(1), his/her properties may be attached provided that the
Court is satisfied either by affidavit or otherwise that the person is
about to dispose of the whole or any part of his/her property or
secondly that she/he is about to remove whole or part of the property
from the local jurisdiction of the court. The Court must record its
reasons in writing for ordering the attachment of any property under
Section 83.
Procedural irregularities
270. Even though it is essential to ensure that provisions of the
Code are complied with in letter and spirit, in view of the changing
structure of society, literal compliance of the provisions may defeat
the purpose sought to be achieved. At the time the Code was
enacted, people engaged socially in larger groups, lived in joint
families, male members of the family were decision makers while

110
women remained in purdah or did not engage with persons outside

the family and no recognition had been given to the concept of
gender fluidity. However, since enactment of the Code vast
recognition has been given to rights of women and the right of
persons to choose to be identified as belonging to a particular
gender. Social engagements are now most active on the internet as
opposed to engagements within territorial limits of a person‟s
residence and most people choose to live alone or in nuclear
families. As such, while one option could be to try and serve a
neighbor when the accused lives alone or where there are no family
members present. This too must be done after at least 2-3 attempts to
serve the accused or a family member. The attempts should ideally
be spaced out over a time frame of a few days and duly recorded. It
is only then than other means of service ought to be considered.
271. In addition to the usual option of publicly reading out a
proclamation/declaration, it must also be affixed, both, on a
conspicuous part of the house where the person ordinarily resides as
well as on a conspicuous part of the courthouse or locality.
272. Additionally, limiting service of summons to male members
of the family, may lead to an anomalous situation in the absence of
persons who recognize themselves as male members. Interestingly,
when person summoned cannot be found, Section 64 of CrPC limits
service of summons on an adult male member of the family while
Order 5 Rule 15 of the CPC in a similar situation permits service of
summons on a male or female member of the family.

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273. Additionally, it is noted that there are no Rules in the Code for
execution of a warrant. In order to ensure that process under Sections
82 and 83 CrPC is initiated only against those who are, in fact,
„absconding‟ or „concealing‟ themselves, it is necessary that the
procedural requirements for service of summons, as stipulated under
the Code are also extended to execution of warrants and an effort is
made to execute the arrest warrants at the earliest through all
possible modes. Even though the Code and the Delhi High Court
Rules (Vol IV, Chapter 8, Part A, Rule 5) envisage filing of an
affidavit of the police officer only in cases where summons are
served outside the jurisdiction, in view of the grave consequences
attached with execution of an arrest warrant, it may be helpful if
police officers are directed to file such affidavits with regard to
execution of warrants as well. Furthermore, ensuring that the
Affidavits provide complete information as regards the steps taken
by the officer and the underlying documentation would go a long
way in ensuring accountability in this regard and would prevent
accused persons from taking shelter under technicalities later.
274. While the purpose of a declaration under Section 82(4) is
merely to secure the presence of the accused, given that serious
consequences ensue upon such a declaration including, inter alia, the
inability to seek anticipatory bail, the inability to enjoy one‟s
property and the inability to move freely, it is imperative that these
orders are passed strictly in accordance with the law and, more
importantly, in compliance with its letter and spirit i.e., by due
application mind to each case.

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Comments on the suggestions previously accepted by Delhi Police

vis-à-vis fundamental rights of accused
275. As per the suggestions previously made and accepted by the
Delhi Police, it appears that a suggestion to ascertain details of
employers and blood relatives of the accused was accepted. Any
such suggestion, if implemented, may be in violation of the right of
privacy of the accused, his/her employers and their relatives. Right
of privacy has now been recognized as a fundamental right within
Article 21 of the Constitution. It is necessary to keep in mind that
„proclaimed offenders‟ are different from „habitual offenders‟ in that
a proclaimed offender may not necessarily have been convicted of an
offence.
276. It has further been suggested that the accused be made to
surrender their passport in sessions trial cases. However, the said
suggestion is contrary to the provisions of the Code. While the police
officer may have the power to seize a passport under Section 102(1)
CrPC, he does not have the power to retain or impound the same.
Hence, any such passport, if seized, will have to be sent to the
passport authority and it is for the passport authority to decide
whether to impound the passport or not. Courts have also
specifically held that imposing a condition on the accused while
granting bail to take permission of the court before going out of
India is not permissible.
277. Given that the object of this exercise is to ensure participation
of the accused in the judicial process, one could also consider taking
steps which prevent the accused from being able to sustain

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himself/herself economically. This could be done by denying access

to financial services viz., Bank accounts, credit cards etc. and denial
of other essential services. However, this could also have serious
consequences and would have to be carefully considered and applied
on a case to case basis.
Suggestions of Mr. Rajshekhar Rao, Senior Advocate as Amicus
Curiae
278. Prior to issuance of a proclamation under Section 82(1), the
police officer may be mandatorily required to file an Affidavit/Status
Report disclosing: all available addresses and phone numbers/email
addresses (if available) of the person against whom the warrant has
been issued along with proof of the said addresses, phone
numbers/email addresses and any other details available in the
information sheet with underlying documents demonstrating the
same.
(i) Particulars of proof of service of the arrest warrant at the said
address by post; by hand; mobile number; email address and by
service on a family member/neighbor along with credible proof
of the same.
(ii) In the event warrant has been affixed on a conspicuous part of
the house where the person ordinarily resides, town/village/
courthouse, the police officer must annex a picture showing
that warrant has been affixed in such manner along with his
affidavit. The picture must be taken in a manner that makes it
clear to the Court that the warrant has in fact, been affixed at
the said house;

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(iii) Reasons for inability of the police officer in securing presence

of the person against whom warrant is issued;
(iv) The Court must pass an order dealing with the contents of the
Affidavit/Status Report and reasons given by the police officer
for arriving at a conclusion that the person has „absconded or is
concealing‘ himself or reasons for inability of the officer in
securing presence of the person.
279. Prior to publication under Section 82(2)(ii): the Police Officer
may be mandatorily required to file an Affidavit disclosing: a picture
showing that proclamation has been affixed in a conspicuous place
of the house where the person resides. The picture must be taken in a
manner that makes it clear to the Court that the proclamation has in
fact, been affixed at the said house; the Court must pass an order
dealing with the contents of the Affidavit and statement of the
process server along with its reasons for directing publication under
Section 82(2)(ii).
280. Prior to issuance of a declaration under Section 82(4), the
Court must mandatorily record a statement to the effect that the
person has, in fact, been accused of an offence contained in Section
82(4) and has failed to appear despite a validly issued proclamation;
281. In complaint cases, the Complainant should disclose all
possible known addresses of the accused along with proof of address
and state on affidavit that those addresses are correct to his
knowledge.
282. At the time of grant of bail, accused must be made to disclose
the address where they ordinarily reside or any other address and

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share a copy of their Government ID proofs such as Aadhar, PAN

Card, driving license, Voter ID etc. Subsequent to grant of bail, it
must be made mandatory for the accused to disclose any change in
address proof failing which, it would be deemed that the address
previously shared by the accused was good for the purpose of all
legal compliances.
283. Every judge must, on a monthly basis, submit to the Sessions
Judge, details of matters where process under Sections 82-83 CrPC
has been initiated along with details showing that all the
requirements under Sections 82 and 83 CrPC have been complied
with.
284. Every Sessions Judge must be made to review the details of
matters where process under Section 82-83 CrPC has been initiated
by its subordinate judges.
285. Details of matters where process under Sections 82-83 CrPC
has been initiated by the Sessions Court Judge and subordinate
judges must be placed before the ACR Committee of judicial
officers.
Submissions of Mr. Vikas Pahwa, Senior Advocate as Amicus

Curiae
Legal History behind the notion of ‘Proclaimed offender’
286. The notion of a Proclaimed offender as it exists today did not

always find a place in the Code. In the 1872 Code, there was no
mention of Proclaimed offender. It was in Section 45 of the 1882
Code that the words were first found, only in respect of the duties of

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village officers to make a report. In 1894, an explanation clause was

added to Section 45 thereby expanding the definition of Proclaimed
offender. This was the first instance when the list of Sections
currently found in Section 82(4) found a place in the Code. The1898
Code retained Section 45 with respect to Proclaimed offenders in its
amended form, which today is Section 40 CrPC, 1973.
Summons, Warrants and their Compliances
287. Chapter VI of the CrPC titled as “Process to compel

appearance” explains the procedure to secure the presence of
persons before the Court in detail namely, either (a) summons or
(b) warrants of arrest, may be issued by a Court to ensure a person
is present before it. Although the Code does not provide for a
distinction, in practice two kinds of warrants may be issued, (i)
bailable warrants and (ii) non-bailable warrants. The Supreme Court
in Inder Mohan Goswami v. State of Uttaranchal (supra) provided
some guidelines on how this discretion vested with a court may be
exercised.
288. If summons were sent to Y and he failed to comply without
tendering any explanation, a warrant may be issued for his arrest.
Section 87 CrPC. enables a warrant to be issued even where
summons have not been sent. What happens when despite a warrant
being issued, a person fails to appear before the Court? If the court
has reason to believe that the person is deliberately avoiding the
warrant, Section 82(1) empowers the court to publish written
proclamations in accordance with Section 82(2), requiring him to
appear before court on a specified place and time. The person to

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whom the proclamation is addressed shall be given a period of a

minimum of 30 days to present themself before the Court. The
specimen of proclamation requiring the appearance of the accused
person is provided under Form Number 4 of the Second Schedule of
CrPC.
The manner in which Proclamation shall be made
289. Sub-section 2 of Section 82 of the CrPC specifies the manner
in which proclamation can be made. They are as follows:
(i) The proclamation shall be read out publicly in a noticeable
area that falls under the vicinity of the residential address
of the person or it shall be attested to some part of the
person‟s house or on a nearby building. Either of those
should be attested to someplace which is observable; or
(ii) It shall be attached to a noticeable place in the Court.
(iii) If the Court deems fit, it might give orders for publishing
the proclamation on the newspaper which is circulated in
the vicinity of the person‟s residence.
Process of Attachment of property
290. The Court that issues the proclamation might attach any
movable or immovable property of such person under Section
83 CrPC when it has a reason to believe (by an affidavit or other
evidence) that the person is making an attempt to: dispose of the
immovable property; or is going to transfer the immovable property
either entirely or partially, to an area outside the local jurisdiction of
the concerned Court.

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291. The Court‟s order to attach the property would be authorized

within the local jurisdiction. If the attached property is located in
another area, then it would be authorized after being endorsed by the
District Magistrate of the concerned area. The order of attachment is
depicted under Form no. 7 of the Second Schedule of CrPC to
compel the appearance of an accused person. On some occasions, the
property to be attached might be a debt or a movable
property. Section 83(3) has laid down the manner in which such
properties could be attached: by seizing such property; or by
appointing a receiver; by issuing an order which will obstruct such
property from being delivered to the proclaimed offender or
someone who might receive it on his behalf.
The jurisprudence surrounding issuing of non-bailable warrants
292. The law for issuance of Warrants has been laid down in the
Code of Criminal Procedure, 1973 under Chapter VI (Part b) from
Sections 70 to 81. The issuance of non-bailable warrants involves
interference with personal liberty. Arrest and imprisonment means
deprivation of the most precious right of an individual. Therefore,
the courts have to be extremely careful before issuing non-bailable
warrants. Only when in the larger interest of the Public and the State
it becomes absolutely imperative to curtail freedom of an individual
for a certain period, should non-bailable warrants be issued. Just as
liberty is precious for an individual so is the interest of the society in
maintaining Law and Order. Both are extremely important for the
survival of a civilized society. Sometimes in the larger interest of the

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Public and the State it becomes absolutely imperative to curtail

freedom of an individual for a certain period.
293. In Geeta Sethi v. State, (2001) 91 DLT 47, it was emphasized
that Courts administering justice on criminal side must always
remain alive to the presumption of innocence which is the hallmark
of criminal jurisprudence and, thus, a natural consequence is that
every accused is clothed with the presumption of innocence and
entitled to just, fair and decent trial and the aim of the criminal trial
is not humiliating or harassing an accused, but to determine the
guilty of the innocence.
294. In Inder Mohan Goswami v. State of Uttaranchal (supra), the
Supreme Court had laid down few guidelines for the courts with
regards to issuance of non-bailable warrants: it is reasonable to
believe that the person will not voluntarily appear in court; or the
police authorities are unable to find the person to serve him with a
summon; or it is considered that the person could harm someone if
not placed into custody immediately. Further observed that a non-
bailable warrant could be issued if an accused is charged with the
commission of an offence of a heinous crime and it is feared that he
is likely to tamper or destroy the evidence or is likely to evade the
process of law.
295. In Omwati v. State of UP, (2004) 4 SCC 425, the Supreme
Court held that the warrants either bailable or non-bailable should
never be issued without proper scrutiny of facts and complete
application of mind, due to the extremely serious consequences and
ramifications which ensue on issuance of warrants. First the Court

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should direct service of the summons along with the copy of the
complaint. If the accused seem to be avoiding the summons, the
Court, in the second instance should issue bailable-warrant. In the
third instance, when the Court is fully satisfied that the accused is
avoiding the Courts proceeding intentionally, the process of issuance
of the non-bailable warrant should be resorted to. It was also held
that personal liberty is paramount; therefore Courts were cautioned
at the first and second instance to refrain from issuing non-bailable
warrants. The power being discretionary must be exercised
judiciously with extreme care and caution. The Court should
properly balance both personal liberty and societal interest before
issuing warrants.
The provisions of Section 82 CrPC are mandatory and should be
construed strictly. The Court is required to record its satisfaction
that the accused has absconded or is concealing himself to avoid
execution of warrants
296. In Rohit Kumar @ Raju v. State of NCT Delhi, (2007) 98

DRJ 714 it has been observed as follows:
――17. The sine qua non for an action under
Section 82 is the prior issuance of warrant of
arrest by the Court. There must be a report
before the Magistrate that the person against
whom the warrant was issued by him had
absconded or had been concealing himself so
that such warrant can be issued. An attachment
warrant can be issued only after the issuance
of proclamation.
18. The expression ―reason to believe‖
occurring in Section 82 Cr.P.C. suggests that
the Court must be subjectively satisfied that the

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person has absconded or has concealed himself

on the materials before him. The term
―absconded‖ is not to be understood as
implying necessarily that a person leaves the
place in which he is. Its etymological and its
ordinary sense is to hide oneself. Further,
under Section 82 Cr.P.C. the Court issuing
proclamation must record its satisfaction that
accused had ―absconded‖ or ―concealed
himself.‖
[19] The three clauses (a), (b), and (c) of sub-
section (2) (i) of Section 82 Cr.P.C. are
conjuctive and not disjunctive. The factum of
valid publication depends on the satisfaction of
each of these clauses. Clause (ii) of sub-section
(2) is optional; it is not an alternative to clause
(1). The latter clause is mandatory.‖
297. In Devendra Singh Negi v. State of U.P., 1994 Cri LJ 1783,

the Allahabad High Court has observed as under:
―14. The words ―has absconded or is concealing
himself so that such warrant cannot be executed‖ in
Sec. 82 of the Code are significant. Every person who is
not immediately available cannot be characterised as
an absconder. The court has to record its satisfaction
that the accused has absconded or is concealing in
order to avoid execution of the warrant. The provisions
of Sec. 82 are mandatory and are to be construed
strictly. Sec. 82 requires chat the court must, in the first
instance, issue a warrant and it must put down its
reasons for believing that the accused is absconding or
concealing himself…‖
298. The words “ordinarily resides” used in Section 82 (2)(i)(a)

shall be interpreted liberally to mean not just the official address of

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the accused but also where the accused ordinarily resides i.e. any
place where he would unofficially spend most of his time.
299. In view of above legal propositions, it is crystallised that
Section 82(2)(i) are to be mandatorily followed, which are
conjunctive and not disjunctive.
Circumstances under which attachment can be made under
Section 83 CrPC
300. The property is attached to attract the physical presence of an

accused when they do not present themselves after the issuance of
notices and warrants. But there are several underlying factors like
time, reasons behind the absence of the person, nature of property
attached, interested parties to a property and so on. This article is an
illustration of the provisions governing proclamation and attachment
of property under CrPC.
301. Section 204(1) CrPC states that when the Magistrate who is
empowered to take cognizance is satisfied that the case is either a
summons case, then he shall issue a summons for the attendance of
the person accused or if it‟s a warrant case, then he may issue a
warrant or a summons to present the accused before the Court at a
certain time. Section 204(5) states that nothing in this section shall
affect the provisions of Section 87 CrPC. The said Section states that
the Court that is empowered to issue a summons for a person's
appearance may issue an arrest warrant against the said person by
penning down the reason behind the same, if:
(i) The Court has a reason to believe that the person has
absconded or would not abide by the summons before or

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after the issuance of summons, but before the date when

the concerned person was required to present himself
before the Court; or
(ii) The person fails to present himself before the Court and the
summons has been served duly on time and no reasonable
excuse behind such failure has been given to the Court.
302. The Court that issues the proclamation might attach any
movable or immovable property of such person under Section 83
CrPC when it has a reason to believe (by an affidavit or other
evidence) that the person is making an attempt to:
(i) dispose of the immovable property; or
(ii) is going to transfer the immovable property either entirely
or partially, to an area outside the local jurisdiction of the
concerned Court.
303. The Court's order to attach the property would be authorized
depicted under Form 7 of the Second Schedule of CrPC to compel
the appearance of an accused person and the order of attachment is
depicted under Form 6 of the Second Schedule of CrPC to compel
the appearance of a witness.
(i) If the property to be attached is or is inclusive of livestock or
perishable goods, then the Court may grant an order directing
the immediate sale of the property. Livestock implies farm

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animals which are valued as assets. The proceeds earned from

such sale would be put to use in the way directed by the Court.
(ii) If the person whose property is attached, is apprehended to the
Court or appears voluntarily before the Court within a period
of two years from the date of attachment of property, the
procedure will be as follows:
(iii) The person must present himself/herself before the Court that
issued the order of attachment of property or any Court which
is superior to that Court.
(iv) The person must prove that they did not intend to conceal
themselves to avoid the execution of the warrant issued
against them.
(v) The person must prove that they did not have knowledge of
the issue of the order of proclamation so as to attend to their
property; if the above is proved before the Court, then the
property so attached should be delivered back to the person. In
case the property is sold, then the net proceeds from the sale
should be granted to that person; lastly, if the property is sold
partly, then the net proceeds from the part sold and residue of
the property shall be delivered back to the person only after
recovering all expenditure incurred as a consequence of
attachment of the property.
304. The CrPC has established the procedure to handle the attached
property very elaborately. While invoking the procedure of
attachment of property, for declaring the person a Proclaimed
offender, time plays a very vital role. The time which is granted to

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the person to present himself before a Court varies from case to case.
The period to disclose any claims preferred or objections which are
to be made extends to 6 months and the person absconding would
only become eligible to be entitled to the property, if he is presented
before the Court within 2 years from the issue of proclamation. If
any of the above time periods are not accorded with, there is a
prominent chance of making the entire process redundant.
305. This Court upon using its discretion may direct an accused, in
case there is an apprehension that he may abscond, to file an
affidavit giving requisite information like his permanent and current
address along with the mobile number, Aadhar, PAN card details
and the ward number where the income of the accused is assessed.
This affidavit can be directed to be filed along with filling of Bail
Bonds when the accused submits to the jurisdiction of the Trial
Court. The Court has powers to conduct an inquiry to ascertain the
detail of the assets from the Income Tax Department vide the PAN
Card details given by the accused in the affidavit. This exercise
ensures that the requisite information is available on record to take
action against the accused for absconding or concealing himself to
avoid the execution of warrants, by issuing proclamation for his
appearance and if required attachment of property in accordance
with Sections 82 and 83 CrPC.
Conditions for grant of bail have to be just and reasonable
306. It is well settled law that while exercising jurisdiction under

Sections 437/438/439 of the CrPC, it is duty of the Court to see that

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conditions for grant of bail should not be arbitrary or capricious. It

should be just and reasonable. The conditions which can be imposed
while granting bail are mentioned in Section 437 CrPC. The Court
cannot insist the accused to give cash security or to provide local
surety. An essential requirement in the imposition of any condition is
that it should result in minimum interference with the personal
liberty of accused and rights of police to investigate the case. A
balance should be maintained between the personal liberty of the
accused and investigational right of police.
307. The Courts while granting bail can also impose the conditions
enumerated in Section 437 CrPC, to assure his presence in the Trial
Court.
(i) The Court can direct the accused to furnish his Mobile
number along with the undertaking that he/she will always
keep his mobile on active mode and share his live location
with the Investigating Officer as and when requested. The
Accused can also be directed to make a video call to the
Investigating Officer periodically. The Accused may be
directed to give all available addresses including
permanent and the current address along with the proof
thereof.
(ii) The Accused can be bound to give an undertaking that
he/she will notify the Investigating Officer in case of
change of address.
(iii) The accused may be directed to furnish Aadhar Card
Number, or any other Government ID.

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(iv) The accused may be directed to furnish PAN Card details

along with the Income Tax Ward that the accused comes
under.
308. It is important to correlate the value of the bail bond with
disclosure of assets in terms of Moti Ram v. State of M.P, (1978) 4
SCC 47 in which the Court held that when sureties should be
demanded and what sum should be insisted on are dependent on
variables and the Court should be liberal in releasing them on their
own recognizances by imposing reasonable conditions and -
deprecated the practice of demanding heavy sums by way of bail.
Similar proposition has been laid down by the Supreme Court in the
matter of Sumit Mehta v. State (NCT of Delhi), (2013) 15 SCC 570.
309. The Supreme Court in above stated judgments, held that while
granting bail to an accused, the conditions imposed, if any should
not be stringent and be just and reasonable. The stringent conditions
if imposed and not capable of compliance, may amount to denial of
bail and shall further amount to denial and deprivation of personal
liberty, violating the constitutional rights of the accused guaranteed
under Article 21 of the Constitution of India.
Suggestions of Mr. Vikas Pahwa, Senior Advocate as Amicus

Curiae
At the stage of arrest
310. Section 81 CrPC lays down the procedure to be followed by

the Magistrate when the accused is brought to the Court after a
warrant had been issued against the accused. At this stage, the

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accused shall mandatorily be required to fill Form No. 3 of the

Second Schedule of the CrPC. Further, changes be made in the
abovementioned form by requiring the accused to furnish proof of
his permanent and current address along with the details of Aadhar
or any other Government ID and details of the PAN card with the
Ward in which the income of the accused gets assessed.
311. The Police at the time of arrest should collect the following
information from the accused:
(i) Mandatory affixation of photograph of the arrestee on
the arrest memo.
(ii) Inclusion of all the mobiles and landlines connections of
the arrestee in the arrest memo.
(iii) Inclusion of, if any & all Social Networking/ IT
Communication tools like Email IDs,
Facebook, Instagram, LinkedIn, Twitter etc of the
arrestee in the Arrest Memo.
(iv) Creation of a dedicated website for all persons against
whom proclamation issued or are declared Proclaimed
offender.
At the stage of grant of bail to the accused during investigation
312. It is well settled law that while exercising jurisdiction under

Sections 437,438 and 439 CrPC, it is duty of the Court to ensure that
in the interest of justice appropriate conditions are imposed for grant
of bail to assure the presence of the accused attends the court to
answer the charge filed against him by the police and on the
subsequent dates thereafter.

129
313. In terms Section 437(3), the Court may impose conditions that
are necessary, in the interest of justice. It is suggested that the
accused while filing the bail bond shall be required to furnish an
affidavit with:
(i) Mobile number of the accused person along with the
undertaking that he/she will always keep his mobile on active
mode and share his live location with the IO if a request is
made for the same by the investigating agency.
(ii) The Accused can also be directed to make a video call to the
IO of the case periodically.
(iii) All available addresses including permanent and the current
address long with the proof thereof.
(iv) Undertaking that he/she will notify the IO in case of change of
address.
(v) Aadhar Card details or details of any other Government
Identification Proof.
(vi) PAN Card details along with the Income Tax Ward that the
accused comes under.
314. Section 441 CrPC requires an accused and his sureties to file a
bond when the accused is released on bail. It is submitted that
changes be made to Form 45 of the Second Schedule requiring the
accused to furnish proof of his permanent and current address along
with the details of Aadhar or any other Government ID and details of
the PAN card and it shall be mandatory for the accused and his
surety to fill Form 45 of the Second Schedule, CrPC at the time of
filing the bail bond.

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At the stage of trial
315. Absconding during Trial can arise in two categories-

(i) Those who have not entered appearance in trial even
once :– It is suggested that, Court conducts a proper
inquiry to verify the correct address of the accused on
which the process is required to be served. It will have
to be certain that the address at which accused is to be
served is true and complete
(ii) The Accused who enters into the jurisdiction of the
court after the cognisance is taken by the court:- In this
case, the accused should be directed to furnish an
affidavit giving his correct address, to ensure regular
appearance along with an undertaking that he will
provide any additional documents required by the court
for the purpose of surveillance/monitoring in case the
court apprehends that the accused might abscond during
the trial. The apprehension of the accused absconding
can be based on past conduct, case history and the
peculiar facts & circumstances of the case.
316. The Affidavit furnished by the accused shall contain his
occupation, current and permanent address and it must be required
that the accused give an undertaking to disclose any change in
address, failing which, it would be deemed that the address
previously shared by the accused was good for the purpose of all
legal compliances.

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317. The affidavit shall also contain the Aadhar Card or any other
Government ID along with PAN Number, this will ensure that in
case the accused absconds, the Investigating agency or the court can
enquire from the Income Tax Department about the assets owned by
the accused for the purpose of attachment under Section 83 CrPC.
318. In cases where the Court has an apprehension of the accused
absconding based on past conduct, case history and the peculiar facts
and circumstances of the case, the Court may direct the accused to
furnish above mentioned „Additional Documents‘ along with the
Affidavit. The Court may direct the accused when he is presented
before it to declare his movable and immovable assets as part of
these additional documents in a case where the accused has a history
of absconding and the court seriously apprehends that the accused
might abscond. Such apprehension can be based on past conduct,
case history of the accused and the peculiar facts and circumstances
of the case.
319. „Additional documents‘ may also include, details of any & all
Social Networking/ IT Communication tools like Email IDs,
Facebook, Instagram, LinkedIn, Twitter etc of the accused.
320. Further, if the accused absconds after grants of bail, and does
not appear in response to a proclamation under section 82 CrPC,
proceedings shall be initiated under Section 174A IPC and he/she
can also be penalised under Section 229A IPC.
321. Once an accused has been charge-sheeted and he submits to
the jurisdiction of the Court, if the court seriously apprehends that
the accused may abscond based upon his past conduct, case history

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and the peculiar facts & circumstances of the case then upon using
its discretion the court may direct such accused to file an affidavit on
the first hearing along with additional documents. Such affidavit
shall be in the nature of an undertaking that the accused may furnish
to the court any additional documents including declaration of all his
assets for the purpose of surveillance and monitoring the accused
and attachment of property under section 83 CrPC.
322. Lastly, it is submitted that abovementioned Affidavit, Form
No. 3 and Form no. 45 of the second schedule of the Criminal Code
be filed while keeping in mind the fundamental right to privacy and
proportionality of bail conditions to the nature of the offence he/she
has been accused of.
Submissions of Mr. Nikhil Goel, Standing Counsel for CBI

Absconding Offenders
323. Para 11.49 of CBI Manual – If during the course of

investigation of a case, sufficient evidence justifying the arrest of an
accused is collected but the accused is found evading arrest, a
warrant of arrest should be obtained immediately and the
Investigating Officer should make all possible efforts to trace the
whereabouts of the accused. The Supreme Court in State of
Maharastra v. Dawood Ibrahim Kaskar, 1997(2) Crimes 92 (SC)
held that a warrant of arrest can be issued by the Court against a
person, who is accused of a non-bailable offence and is evading
arrest. Enquiries should be made from his relatives, friends and other
persons who are likely to be aware of his movements and they

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should all be warned against harboring him. For tracing the

absconders, modern techniques like use of internet/ Facebook,
twitter and other Social Media platforms etc. may also be resorted.
Issue of Proclamation
324. Detailed instructions have been issued vide Policy Division

Circular No. 10/2013 through letter No. 21/17/2012-PD dated 26th
February, 2013 as regards action to be taken where the accused does
not appear in response to the proclamation issued under section 82
CrPC. It would be advisable not to register a fresh FIR for the
offence under Section 174A IPC in the case in which the absconder
is wanted and that this offence may be added in the ongoing case
during investigation. The guidelines contained in the circulars issued
on the subject by Policy Division from time to time, may be
followed.
Issue of Red Notice
325. Para 11.51 of CBI Manual – In case the accused is suspected

to be abroad, a Red Notice (earlier called Red Corner Notice) may
be got issued from INTERPOL (IPSG Lyons) against him. For
getting the Red Notice issued, the prescribed proforma may be
obtained from the CBI IPCU or downloaded from CBI Website and
it may be forwarded to the CBI IPCU, duly filled in, along with an
attested copy of the warrant of arrest, with English translation,
photograph and finger prints of the accused, if available. The CBI
IPCU will forward the proforma to IPSG and after the Red Notice is
issued, a copy will be sent by CBI IPCU to the Branch on whose

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request it was got issued. In case the location of absconding accused

in a foreign country is known, a request may be made for issue of
Diffusion instead of Red Notice. The requirements for issue of
Diffusion and the Red Notice are the same. Immediately, after the
arrest of an absconder against whom Red Notice/ Diffusion has been
got issued, CBI IPCU may be informed to get the Red
Notice/Diffusion withdrawn.
Issuance of Look Out Circulars (LOC)
326. Ministry of Home Affairs, Foreigners Division (Immigration

Section) vide letter No.25016/10/2017-Imm.(Pt.) dated 22nd
February, 2021 has issued detailed guidelines regarding issuance of
Look Out Circulars.
Revocation/withholding Passport
327. Ministry of External Affairs, New Delhi may be requested not

to provide passport facilities to the absconding accused and also
revoke the Passport, if already issued, as provided under Sections 6
and 10 of the Passports Act, 1967. Deputy Director, IPCU, CBI,
New Delhi has been appointed as the Nodal Officer for such matters
in the CBI.
Recording of Evidence under Section 299 CrPC
328. In all cases in which an accused is absconding, except those of

exceedingly trivial or petty nature or when special circumstances
exist which make the procedure unnecessary or undesirable, the
Court should be requested to record evidence against the absconded
offender under Section 299 CrPC.

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329. In order to render evidence recorded under Section 299 CrPC

admissible at future trial, it must be proved and put on record that the
offender has absconded and that there is no immediate prospect of
arresting him.
330. In cases where some of the accused are absconding and some
are facing trial in the Court the evidence should first be produced to
prove that these persons are absconding and that there was no
immediate prospect of arresting them. The evidence of the witnesses
should thereafter be recorded in the case against those present. Such
evidence would be relevant against the absconders under Section
299 CrPC, according to which on the arrest of the absconding
accused, the deposition of the witnesses recorded in his absence may
be given in evidence against him if the deponent is dead or incapable
of giving evidence or cannot be found or his presence cannot be
procured without an amount of delay or inconvenience which, under
the circumstances of the case would be unreasonable. The last
ground can easily be cited where a large number of prosecution
witnesses have been examined in the absence of the absconding
accused.
Publicity regarding Absconded Offenders
331. A descriptive roll, marks of identification and, if possible, a

photograph of the absconded offender should be maintained by the
Branch in a dossier and wide publicity given to seek public
cooperation in the arrest of the absconder. Documents should also be
sent to the C.I.D./local Police Station of the State concerned for
publication in their Gazette. Policy Division orders/instructions

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regarding POs/absconders and Fugitives should be complied with

meticulously. The Fugitive Investigation Support Unit (FISU) under
DD, IPCU, CBI, New Delhi should be kept informed and their
instructions complied with.
332. Rewards for Apprehension of Proclaimed Offenders/
Absconders –Para 11.58 of Manual - In suitable cases, the Head of
Branch should submit to the Head Office recommendations for
rewards for apprehension of the absconded offenders and if the Head
Office sanctions the reward, it should be given wide publicity.
Guidelines issued vide Policy Division Letter No. 21/18/2012-PD
dated 19th June, 2017 may be followed.
Maintenance of Dossiers of Absconders
333. Para 11.59 of CBI Manual – The names of all absconding

accused shall be entered in Dossier Sub-Module of CRIMES Module
and/or in a register of absconders, which should be maintained in
each Branch. It should be ensured that the relevant particulars
including those available in audio/video form are entered in the said
records, so that adequate steps are taken for arresting them. Records
shall be maintained in each Branch for each of the following
categories:-
a) Proclaimed offenders/absconders involved in cases
registered in the Branch.
b) Proclaimed offenders/absconders wanted in cases of other
Branches of CBI, who are residents of places within the
jurisdiction of the Branch and are likely to visit their home
districts.

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334. Retention of Records in cases against Absconders - Para

11.60 of Manual – All documents of the cases in which the accused
persons or any one of them is absconding, the case file and the
seized property should be carefully preserved so that these may be
available when the accused is arrested. Such documents, files and
property will not be destroyed for a period of 30 years from the date
of proclamation of absconders.
335. Periodical Enquiries - Para 11.61 of CBI Manual – Enquiries
should be made about all the proclaimed offenders and efforts made
for their arrest, by forming special teams whenever necessary. The
results of such enquiries and efforts to apprehend them should be
mentioned in the Dossier Module or the register kept in the
Branches. Instructions issued by the Policy Division and Fugitive
Investigation Support Unit in this regard should be complied with
meticulously.
336. Removal of Names from Dossier Sub-Module/Registers - Para
11.62 of CBI Manual – Head of Branch may remove the name of
proclaimed offender/absconders from the register on the occurrence
of any of the following contingencies:
a) Arrest of the accused;
b) Death of the proclaimed offender or expiry of 30 years
from the date of proclamation;
c) Any other good and sufficient reason, e.g., trifling nature of
the case or lack of sufficient evidence for a successful
prosecution or withdrawal of the case etc.

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337. Special Drives - Para 5.7 of CBI Manual – In order to have

demonstrative impact, extensive Special drives, preferably at least
once every quarter, shall be organized to target the known corrupt
departments, organizations and identified public servants so as to
attack corruption both at the grass root and high levels. During these
drives, extensive and simultaneous searches/ surprise checks shall be
conducted to detect and generate quality cases. Each Branch shall
identify quality cases for registration during special drives after
scrutinizing the SIRs, complaints and other information pending
with the Branch.
Impediments in Early Tracing and Detection of Proclaimed

Offenders and Taking Legal Action:
338. It would be appropriate to identify existing lacunae in rapid
tracing and detection of proclaimed offenders. This analysis would
allow for more precise understanding of issues involved and to
formulate suitable responses.
339. Tracing of proclaimed offenders would require accurate
personal identification details like: Good quality photographs;
Fingerprints; Name, parentage, date of birth, native place and last
known address; Copies of Photo Identity documents like passport,
PAN card, EPIC card, proof of address etc.; Identification marks and
general descriptors like height, prominent facial looks etc.;
Communication details: e-mail ID, mobile number, landline number
etc.; and Social Media accounts if any: Facebook, WhatsApp etc.

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340. Unfortunately, in several of the Proclaimed offenders even

such basic personal identification details are not easily available or
recorded. Without even basic personal details much difficulties arise
in reaching out widely to other police districts in eliciting their
cooperation in tracing of such P.Os. The non-availability of such
basic information may be due to Proclaimed Offenders never having
been come in contact in person with investigation agency or courts
earlier and even if the Proclaimed Offender had earlier joined
investigation or attended courts, the said basic personal identifier
details not having been accurately recorded at that stage.
341. Sureties not sufficiently well acquainted with Accused to
enable tracing – The power of grant of bail with sureties and bond
are often exercised in a mechanical manner and sufficient efforts are
not taken to ensure quality of sureties. It‟s not uncommon to find in
many instances that sureties have no particular personal
acquaintance with the Proclaimed Offender and are not much helpful
in tracing of a Proclaimed Offender. In some instances there may be
persons who habitually act as sureties to several accused and have no
personal knowhow on the subjects they are giving sureties for. This
important safeguard of taking sureties to prevent breach of bail
conditions is not effectively exercised. Sufficient due diligence or
verification of qualitative nature of sureties is not done in many
instances.
342. Insufficient information on familial linkages and circle of
close contacts – Apart from basic personal identifiers of the
Proclaimed Offenders, it is essential to have sufficient details on

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familial linkages and circle of close contacts of Proclaimed

Offenders. Such details allow for rapid collection of information on
whereabouts of the Proclaimed Offender and to trace his possible
movements and detect Proclaimed Offenders more easily. However,
such details are not always systematically recorded when Proclaimed
Offenders have earlier been in contact with the investigative agency
or while attending court. This can lead to delays in tracing of
Proclaimed Offenders.
343. Inadequate tracing of technical trails/ leads of Proclaimed
Offenders – In the present ICT (Information and Communication
Technology) environment there is need to identify digital footprints
of Proclaimed Offenders with regard to use of social media, VoIP
communication platforms, e-mails, use of cryptocurrency etc apart
from traditional communication means like telephone, mobile and
letters. For successful tracing and tracking down of Proclaimed
Offenders it will be necessary to focus on systematic identification
and tracking of technical trails and leads left behind by Proclaimed
Offenders. This includes electronic trails on social media, electronic
communication etc. This vital area of investigation is not sufficiently
prioritized by several investigators while tracing Proclaimed
Offenders.
344. Inadequate tracing of financial trails/ leads of Proclaimed
Offenders – Tracking and tracing of Proclaimed Offenders through
identification of financial and payment trails and leads is
increasingly important. With rapid proliferation of e-payment
gateways, online purchase, e-commerce facilities, electronic

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financial transfers, digital banking platforms etc. it is required to

identify possible financial leads that can be used to trace and track
Proclaimed Offenders. Use of such methods of detection has is not
always done systematically by investigators to have successful
outcomes in tracing and detection of Proclaimed Offenders.
345. Delays in identification of properties owned by Proclaimed
Offenders – Often Proclaimed Offenders do not possess properties in
their own names and have properties in names of close relatives or
benami persons or sold off. Further, properties may be dispersed
across interstate or international jurisdictions. This leads to much
delays in identification of properties owned by declared P.Os. Hence
attachment proceedings of properties of Proclaimed Offenders under
83 CrPC are much delayed and not able to be given effect to
expeditiously.
346. Timely prevention of Exit of Proclaimed Offenders from India
– Systematic efforts are not sometimes taken by investigative
agencies in preventing Proclaimed Offenders from leaving India by
issue of Look Out Circulars in a timely manner to prevent exit from
India through official immigration points. Further remote
possibilities of unauthorized exit through land borders or sea routes
have to be accounted for. Further if timely steps are not taken to
impound or revoke passport of the Proclaimed offender, then there
exists window of opportunity for the Proclaimed Offender to travel
freely in international jurisdictions.
347. Inadequate efforts with tracing Proclaimed Offenders in
international jurisdictions –When a Proclaimed Offender is

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suspected to have crossed over to an international jurisdiction,

systematic efforts to trace the Proclaimed Offenders across
international jurisdictions are not always launched by investigative
agencies. Assistance of INTERPOL channels are not always taken
by means of issue of suitable INTERPOL notice to alert foreign law
enforcement agencies on the Proclaimed Offender and seek their
assistance in tracing and tracking.
Limited engagement of public assistance in tracing of Proclaimed
Offenders
348. Measures are needed to be taken to give wide publicity
regarding Proclaimed Offenders mainly by measures detailed in
section 82(2) CrPC.
349. However, the scope to further leverage modern ICT platforms
to give wide public access and publicity to details of Proclaimed
Offenders are not sufficiently utilized in tracing P.Os. Seeking active
public assistance in tracing and tracking of Proclaimed Offenders for
crowd sourcing critical information in a user friendly and
instantaneous manner using ICT platforms remains to be less
explored.
Continuous and systematic follow up of leads
350. In cases where FIR is not registered or there is delay in
registering as per Section 174A IPC and launch criminal
investigations to trace and locate/arrest the accused; there is no
systematic recording of efforts being made to track down the
Proclaimed Offender and for detailing of leads available and efforts
taken. However there are much delays in registering of FIR even

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after Proclaimed Offender declaration. Such delays hamper

systematic response to be efforted.
Procedural Compliance requirements of Section 195 CrPC
requirements
351. In Prosecution of cases of Section 174A IPC, the procedural
compliance required by Section 195 CrPC at the stage of cognizance
needs to be adhered to. In absence of compliance to procedural
necessity of complaint, as envisaged under Section 195 CrPC, the
prosecution of cases under Section 174A IPC is not possible.
Suggested Measures to Expedite Tracking and Detection Of
Proclaimed Offenders
The following steps may be taken once an accused is proclaimed by
a criminal court as per provisions of 82 CrPC as a proclaimed
offender:
Registration of FIR by Jurisdictional Police Station
352. A FIR may be registered in the jurisdictional police station
under Section 174A IPC and criminal investigations launched. It is
felt that stage of registration of FIR needs to be clarified further i.e.
at the time of declaration of Proclaimed Offenders or mandatory
period or on apprehension of Proclaimed Offender. The necessity of
complaint as per Section 195 CrPC also needs to be kept in view.
Expeditious Steps to Attach Properties of the Proclaimed offender
353. Expeditious steps need to be taken by the investigation officer
to locate movable or immovable properties belonging to the

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proclaimed offender and attachment by Court without delay of the

identified properties as per provisions of Section 83 CrPC.
354. More concerted efforts have to be made to trace down
properties in name of Proclaimed Offender either across districts or
in different States and in some instances even in international
jurisdictions.
355. Systematic search of databases of Registrar of Properties, IT
records and revenue records may be useful in faster identification of
properties held by Proclaimed Offenders.
Issue of Look Out Circular (LOC)
356. Ministry of Home Affairs, Foreigners Division (Immigration
Section) vide letter No.25016/10/2017-Imm.(Pt.) dated 22nd
February, 2021 has issued detailed guidelines regarding issuance of
LOCs for alerting all Immigration Check Points (ICP). Issue of
Look Out Circulars in a timely manner can prevent escape of
Proclaimed offenders to foreign jurisdictions. However, availability
certain basic personal identifiers or passport number would be a pre
requisite for issue of Look Out Circulars.
Impounding or Revocation of Passport as per the Passports Act,
1967 section 10(3)(h):
357. Steps to be initiated for impounding or revocation of passport
of the Proclaimed offender. In the absence of impounding or
revocation of passports, the Proclaimed Offenders would be at
liberty to travel freely in international jurisdictions. Taking
expeditious steps in this regard can be key in curtailing scope for
international movements of Proclaimed Offenders.

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Publicly Searchable Standardized National Search Database of

Proclaimed Offenders
358. Availability of a publicly accessible database on Proclaimed
Offenders which can be easily checked and searched by the general
public can be very useful in eliciting public cooperation in receiving
critical timely information on proclaimed offenders. The digital
platform may have easy user-friendly online mechanism for public
to give tip-offs or useful information on P.Os for assistance of law
enforcement agencies.
359. The “Digital Police Portal” launched by MHA in 2018 is
connecting all CCTNS based services as well as different Apps for
police are available on this single central portal. Details of
Proclaimed offenders are publicly accessible on this platform using
the following link:
http://www.digitalpolicecitizenservices.gov.in/centercitizen/login.ht
m;jsessionid=19854D38557AF143920E52F31BD78129
360. The existing database may be made more easily accessible and
provisions for public to give critical inputs or tip-offs using the
digital platform may be considered. Further the database may be
made available to Financial Intelligence Unit to develop suitable Red
Flag Indicators to track financial transactions by Proclaimed
offenders and provide Suspicious Transaction Reports that may help
identify Proclaimed Offenders.
361. The CBI as National Central Bureau for INTERPOL in India
presently hosts on its publicly accessible website extensive details of
Red Notice subjects wanted by Indian Law Enforcement Agencies

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(https://cbi.gov.in/Wanted/INTERPOL-Red-Notices). These
fugitives/ absconders are generally suspected to have absconded to
international jurisdictions.
Use of INTERPOL channels if Proclaimed offender is suspected to
be abroad
362. The Investigating Agency through the Interpol Liaison Officer
contact National Central Bureau-New Delhi, CBI requesting issue of
suitable INTERPOL Notice through IPSG for locating or tracing the
Proclaimed offender Abroad.
363. The International Police Cooperation Unit of CBI coordinates

with National Central Bureaux of INTERPOL in 194 member
countries of INTERPOL to seek assistance on police to police
cooperation basis. Use of INTERPOL notices are an effective means

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of communicating information on wanted Proclaimed Offenders in a

structured manner to International Law Enforcement Agencies.
Use Formal Channels of International Mutual Legal Assistance:
364. If Proclaimed offender is located abroad, for purposes of
Mutual legal Assistance from International Jurisdictions, assistance
may be sought through formal channels as per extant/latest MHA
Guidelines.
(https://www.mha.gov.in/sites/default/files/ISII_ComprehensiveGui
delines16032020.pdf - Annexure B). The International Police
Cooperation Unit of the CBI renders key assistance to Indian Law
Enforcement Agencies in this regard through the International Police
Cooperation Cell and National Central Bureau-New Delhi.
Verification of Sureties at Time of Bail and Action in case of
absconder.
365. At the time of grant of bail by the court of the accused,
verification of the sureties is necessary being dire need to avoid any
ingenuine surety.
366. This important safeguard of taking sureties to prevent breach
of bail conditions needs to be effectively exercised. Sufficient due
diligence or verification of qualitative nature of sureties may be
necessary to ensure adherence to bail conditions. Necessary legal
action also needs to be taken against sureties so as to prevent in-
genuine sureties.
Following Financial Trails of Proclaimed Offenders
367. With increase in reliance on electronic commerce, e-banking
and payment gateways, it‟s become all the more important to

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identify financial trails of Proclaimed Offenders and the clues

generated from such analysis of financial trails with close contacts
can be critical in tracing of Proclaimed Offenders. The use of
database of Proclaimed offenders by FIU-IND to consider
incorporation of suitable RFIs (Red Flag Indicators) may help with
identification of financial trails of Proclaimed Offenders.
Recording of Certain Identifier Details of Accused
368. There is need for accurate recording of certain identifier
details of accused and suspects, especially in crimes of higher
gravity, either when they are joining investigation or attending courts
for enabling effective tracing in case they become absconders or are
declared Proclaimed Offenders at a later point in time.
369. A suggestion on possible details that could be voluntarily
received from them at a suitable stage either during investigation or
while attending court to the extent possible include: Good quality
photographs from multiple axes. Fingerprints recorded digitally.
Name, parentage, date of birth, native place and last known address.
Copies of Photo Identity documents like passport, EPIC card, proof
of address etc. Identification marks and general descriptors like
height, prominent facial looks etc. Communication details: e-mail
ID, mobile number, landline number etc. Social Media account
details if any: Facebook, WhatsApp etc. Details of close family
members and social acquaintances. Financial accounts details: Bank
accounts, PAN card number etc.

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Submissions of Ms. Nandita Rao, Additional Standing Counsel for

Delhi Police and Suggestions of the Committee constituted by
Delhi Police in terms of judgment dated 07th January, 2021
370. Correct and complete addresses of accused/person/s:

(i) IO shall record the correct and complete present as well
as permanent address of the accused person/s at the time
of arrest.
(ii) IO shall cross verify the residential addresses from
other supportive authentic documents, but not limited to
Voter ID Card, Voter List on web, Driving Licence,
Mobile Phone ownership/CDR, Revenue records, Post
Office record, Electric Bill, whichever are available and
possible.
(iii) SHO shall personally ensure to verify both permanent
and present addresses of the accused person/s
physically. During verification, if “Parcha-12”/
Information Sheet is returned un-served, the same shall
be intimated to the concerned court.
(iv) IO shall meticulously record the details in the Case
Diaries regarding steps taken to ensure the accuracy of
the present, permanent, last known and other
address(es) of the accused person/s.
(v) Similar exercise is also required to be undertaken for
the Sureties at the time, when bail is granted to the
accused person/s or at the time of his/her release from
the jail.

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(vi) The IO, in consultation with the concerned Public

Prosecutor/Standing Counsel, must oppose the
application for grant of bail to the Proclaimed offender
or move an application for cancellation of the same, as
the case may be, at initial stage, if the IO is not satisfied
with the authenticity of the residential address of the
accused.
371. Execution of Bond as per the Section 170(2) CrPC –
Investigating Officer shall ensure that the accused executes a bond as
per the provisions laid in Section 170(2) Cr.P.C. and ensure the
appearance of the accused person/s before the concerned Magistrate.
372. Service of Notices/Summons via Instant messaging services
i.e. WhatsApp, Telegram, Signal, E-Mail etc. – In its Judgment dated
10th July, 2020 in Suo moto W.P.(C) No.3/2020 in I.A.
No.48461/2020 the Supreme Court of India has directed that service
of notices, summons and exchange of pleadings/documents may be
effected by e-mail, FAX, commonly used instant messaging
services, such as WhatsApp, Telegram, Signal etc. This may be put
in the regular practice by the I.Os.
373. Due process under Section 82/83 CrPC by Police Officers –
During the service of notices/warrants, the Investigation Officer
shall follow the due process as mentioned in Section 82/83 CrPC and
submit a factual report to the concerned Court. The timeline as
mentioned in CrPC or Court orders must be strictly adhered to.
374. Awareness and training of Police Officers regarding
distinction between Proclaimed Person and Proclaimed offender

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and familiarization of Standing Orders, already issue - In view of

the issues concerning Proclaimed offenders as it has emerged in the
Judgment, it is suggested that following awareness programme may
be conducted to sensitize the Supervisory Officers and Investigating
Officers on regular interval.
375. Awareness programme for the Police Officers regarding the
distinction between Proclaimed Person and Proclaimed offender
may be conducted in view of the legal provisions and various
judgments.
376. Delhi Police has already issued Standing Order No. Ops.21
(previous Standing Order No.168/2010), dated 27.02.2010 (copy
enclosed as Annexure B-2) and Standing Order No.390/2016, dated
13th July, 2016 for meticulous compliance. Standing Order No.
Ops.21 contains comprehensive guidelines for Supervisory and
Investigating officers with respect to the action against absconders
and Proclaimed offenders, whereas Standing Order No.390/2016
recognizes the hard work and commitment of the Police officers for
arresting Proclaimed offenders by granting them incentives i.e. out
of turn promotion and Asadharna Karya Puraskar.
377. Relevant Provisions
Code of Criminal Procedure
Section 40 - Duty of officers employed in connection with the
affairs of a village to make certain report.—
(1) Every officer employed in connection with the affairs of a
village and every person residing in a village shall forthwith
communicate to the nearest Magistrate or to the officer in
charge of the nearest police station, whichever is nearer, any
information which he may possess respecting—

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(a) the permanent or temporary residence of any notorious

receiver or vendor of stolen property in or near such village;
(b) the resort to any place within, or the passage through,
such village of any person whom he knows, or reasonably
suspects, to be a thug, robber, escaped convict or proclaimed
offender;
(c) the commission of, or intention to commit, in or near such
village any non-bailable offence or any offence punishable
under Section 143, Section 144, Section 145, Section 147, or
Section 148 of the Indian Penal Code (45 of 1860);
(d) the occurrence in or near such village of any sudden or
unnatural death or of any death under suspicious
circumstances or the discovery in or near such village of any
corpse or part of a corpse, in circumstances which lead to a
reasonable suspicion that such a death has occurred or the
disappearance from such village of any person in
circumstances which lead to a reasonable suspicion that a
non-bailable offence has been committed in respect of such
person;
(e) the commission of, or intention to commit, at any place out
of India near such village any act which, if committed in India,
would be an offence punishable under any of the following
sections of the Indian Penal Code (45 of 1860), namely, 231 to
238 (both inclusive), 302, 304, 382, 392 to 399 (both
inclusive), 402, 435, 436, 449, 450, 457 to 460 (both
inclusive), 489-A, 489-B, 489-C and 489-D;
(f) any matter likely to affect the maintenance of order or the
prevention of crime or the safety of person or property
respecting which the District Magistrate, by general or special
order made with the previous sanction of the State
Government, has directed him to communicate information.
(2) In this section,—
(i) ―village‖ includes village-lands;
(ii) the expression ―proclaimed offender‖ includes any person
proclaimed as an offender by any Court or authority in any
territory in India to which this Code does not extend, in
respect of any act which if committed in the territories to
which this Code extends, would be an offence punishable

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under any of the following sections of the Indian Penal Code

(45 of 1860), namely, 302, 304, 382, 392 to 399 (both
inclusive), 402, 435, 436, 449, 450 and 457 to 460 (both
inclusive);
(iii) the words ―officer employed in connection with the affairs
of the village‖ means a member of the panchayat of the village
and includes the headman and every officer or other person
appointed to perform any function connected with the
administration of the village.
Section 82 - Proclamation for person absconding

(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 specific
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 home-stead 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 punishable
under section 302, 304, 364, 367, 382, 392, 393, 394, 395,

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396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the
Indian Penal Code, 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).
Section 83 - Attachment of property of person absconding

(1) The court issuing a proclamation under section 82 may,
for reasons to be recorded in writing, at any time after the
issue of the proclamation, order the attachment of any
property, movable or immovable, or both, belonging to the
proclaimed person:
Provided that where at the time of the issue of the
proclamation the court is satisfied, by affidavit or otherwise,
that the person in relation to whom the proclamation is to be
issued,–
(a) is about to dispose of the whole or any part of his
property, or
(b) is about to remove the whole or any part of his
property from the local jurisdiction of the court,
It may order the attachment simultaneously with the issue of
the proclamation.
(2) Such order shall authorize the attachment of any
property belonging to such person within the district in which
it is made; and it shall authorize the attachment of any
property belonging to such person without such district when
endorsed by the District Magistrate within whose district such
property is situate.
(3) If the property ordered to be attached is a debt or other
movable property, the attachment under this section shall be
made-
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of

155
such property to the proclaimed person or to any one on

his behalf; or
(d) by all or any two of such methods, as the court
thinks fit.
(4) If the property ordered to be attached is immovable, the
attachment under this section shall, in the case of land paying
revenue to the State Government, be made through the
collector of‘ the district in which the land is situate, and in all
other cases-
(a) by taking possessions or
(b) by the appointment of‘ a receiver; or
(c) by an order in writing prohibiting the payment of
rent on delivery of property to the proclaimed person or to
any one on his behalf; or
(d) by all or any two of such methods, as the Court
thinks fit.
(5) If the property ordered to be attached consists of live-
stock or is of a perishable nature, the court may, if it thinks it
expedient, order immediate sale thereof, and in such case the
proceeds of the sale shall abide the order of the court.
(6) The powers, duties and liabilities of a receiver
appointed under this section shall be the same as those of a
receiver appointed under the Code of Civil Procedure, 1908
(5 of 1908).
Section 84 - Claims and objections to attachment.

(1) If any claim is preferred to, or objection made to the
attachment of, any property attached under Section 83, within
six months from the date of such attachment, by any person
other than the proclaimed person, on the ground that the
claimant or objector has an interest in such property, and that
such interest is not liable to attachment under Section 83, the
claim or objection shall be inquired into, and may be allowed
or disallowed in whole or in part:
Provided that any claim preferred or objection made
within the period allowed by this sub-section may, in the event
of the death of the claimant or objector, be continued by his
legal representative.

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(2) Claims or objections under sub-section (1) may be

preferred or made in the Court by which the order of
attachment is issued, or, if the claim or objection is in respect
of property attached under an order endorsed under sub-
section (2) of Section 83, in the Court of the Chief Judicial
Magistrate of the district in which the attachment is made.
(3) Every such claim or objection shall be inquired into by the
Court in which it is preferred or made:
Provided that, if it is preferred or made in the Court of
a Chief Judicial Magistrate, he may make it over for disposal
to any Magistrate subordinate to him.
(4) Any person whose claim or objection has been disallowed
in whole or in part by an order under sub-section (1) may,
within a period of one year from the date of such order,
institute a suit to establish the right which he claims in respect
of the property in dispute; but subject to the result of such suit,
if any, the order shall be conclusive.
Section 85 - Release, sale and restoration of attached

property
(1) If the proclaimed person appears within the time specified
in the proclamation, the Court shall make an order releasing
the property from the attachment.
(2) If the proclaimed person does not appear within the time
specified in the proclamation, the property under the
attachment shall be at the disposal of the State Government;
but it shall not be sold until the expiration of six months from
the date of the attachment and until any claim preferred or
objection made under Section 84 has been disposed of under
that section, unless it is subject to speedy and natural decay,
or the Court considers that the sale would be for the benefit of
the owner; in either of which cases the Court may cause it to
be sold whenever it thinks fit.
(3) If, within two years from the date of the attachment, any
person whose property is or has been at the disposal of the
State Government, under sub-section (2), appears voluntarily
or is apprehended and brought before the Court by whose
order the property was attached, or the Court to which such

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Court is subordinate, and proves to the satisfaction of such

Court that he did not abscond or conceal himself for the
purpose of avoiding execution of the warrant, and that he had
not such notice of the proclamation as to enable him to attend
within the time specified therein, such property, or, if the same
has been sold, the net proceeds of the sale, or, if part only
thereof has been sold, the net proceeds of the sale and the
residue of the property, shall, after satisfying therefrom all
costs incurred in consequence of the attachment, be delivered
to him.
Section 86 - Appeal from order rejecting application for

restoration of attached property
Any person referred to in sub-section (3) of Section 85, who is
aggrieved by any refusal to deliver property or the proceeds of
the sale thereof may appeal to the Court to which appeals
ordinarily lie from the sentences of the first-mentioned Court.
Section 299 - Record of evidence in absence of accused

(1) If it is proved that an accused person has absconded, and
that there is no immediate prospect of arresting him, the Court
competent to try or commit for trial, such person for the
offence complained of may, in his absence, examine the
witnesses (if any) produced on behalf of the prosecution, and
record their depositions and any such deposition may, on the
arrest of such person, be given in evidence against him on the
inquiry into, or trial for, the offence with which he is charged,
if the deponent is dead or incapable of giving evidence or
cannot be found or his presence cannot be procured without
an amount of delay, expense or inconvenience which, under
the circumstances of the case, would be unreasonable.
(2) If it appears that an offence punishable with death or
imprisonment for life has been committed by some person or
persons unknown, the High Court or the Sessions Judge may
direct that any Magistrate of the first class shall hold an
inquiry and examine any witnesses who can give evidence
concerning the offence and any depositions so taken may be
given in evidence against any person who is subsequently

158
accused of the offence, if the deponent is dead or incapable of

giving evidence or beyond the limits of India.
378. Indian Penal Code

Section 174A - Non-appearance in response to a
proclamation under section 82 of Act 2 of
1974
Whoever fails to appear at the specified place and the
specified time as required by a proclamation published under
sub-section (1) of section 82 of the Code of Criminal
Procedure, 1973 shall be punished with imprisonment for a
term which may extend to three years or with fine or with
both, and where a declaration has been made under
sub-section (4) of that section pronouncing him as a
proclaimed offender, he shall be punished with imprisonment
for a term which may extend to seven years and shall also be
liable to fine.
xxx xxx xxx
Classification of Offence
Para I
Punishment—Imprisonment for 3 years or fine, or with both—
Cognizable—Non-bailable—Triable by Magistrate of the first
class—Non-compoundable.
Para II
Punishment—Imprisonment for 7 years and fine—
Cognizable—Non-bailable—Triable by Magistrate of the first
class—Non-compoundable.
xxx xxx xxx
Section 229A - Failure by person released on bail or bond to
appear in Court
Whoever, having been charged with an offence and released
on bail or on bond without sureties, fails without sufficient
cause (the burden of proving which shall lie upon him), to
appear in Court in accordance with the terms of the bail or
bond, shall be punished with imprisonment of either
description for a term which may extend to one year, or with
fine, or with both.

159
Explanation
The punishment under this section is—
(a) in addition to the punishment to which the offender would
be liable on a conviction for the offence with which he has
been charged; and
(b) without prejudice to the power of the Court to order
forfeiture of the bond.]
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 1 year, or fine, or both—
Cognizable—Non-bailable—Triable by any Magistrate—Non-
compoundable.
379. Law Commission of India Report No.239 –

On Expeditious Investigation and Trial of Criminal Cases
Against Influential Public Personalities submitted to the
Supreme Court of India in Virender Kumar Ohri v. Union of
India, WP(C) NO. 341/2004, 03/2012
2.4 Causes for delay in the progress of Crl. cases in Trial
Courts –
Absence of some or all the accused or non-production of
under trial prisoners at the stage of framing of charges and
during trial. Earnest efforts are not being made by the Police
in apprehending and producing the absconding accused.
Execution of warrants has become the least priority for the
police who have their own reasons – genuine as well as
artificial. Where there are large number of accused, the delays
on this Proclamation orders under section 82 of the Code of
Criminal Procedure can be issued against any person for
whose arrest the Magistrate had issued a warrant. The
investigating officer has only to convince the Court that the
warrantee is evading arrest and has gone into hiding and that
the warrant could not be executed. Hence, the initiative has to
be taken by the investigation officer. Once the proclamation
orders are issued they should be immediately promulgated.
Orders of attachment under section 83 of the Code of
Criminal Procedure can also be issued simultaneously along
with the proclamation orders. The period of 30 days
mentioned in section 82 of the Code of Criminal Procedure is

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the time allowed to the accused to surrender. The Court

issuing a proclamation under section 82 of the Code of
Criminal Procedure may at any time order the attachment of
any property moveable or immovable both belonging to the
proclaimed person. Attachment should be carried out
promptly after the proclamation has been properly made and
the property of the proclaimed person seized before he has
time to transfer, alienate, mortgage or conceal them.
1793. It is necessary that the proclamation order issued under
section 82 of the Code of Criminal Procedure should be
widely published in the manner provided for in that section. In
order to facilitate the arrest of an absconding warrantee or a
proclaimed offender, it is also necessary that an effective
watch is maintained over his harbourers. Persons who
willfully or knowingly harbour such offenders could be
prosecuted under section 216 of the Indian Penal Code. It is,
therefore, necessary that the widest publicity is given to the
proclamation order issued under section 82 of the Code of
Criminal Procedure so that its knowledge can be conclusively
proved against the harbourer for his successful prosecution
under section 216 of the Indian Penal Code.
1794. The Station House Officer should not be satisfied or rest
content that the formalities under sections 82 and 83 of the
Code of Criminal Procedure have been gone through. As long
as the proclaimed offender‘s name is on the list of proclaimed
offenders of his station, he and his station staff are responsible
for finding out where he is and who is harbouring him. If the
proclaimed offender is learnt to be in the jurisdiction of
another station, he should forthwith inform the Station House
Officer of the other station to arrest him. Preferably, he can
proceed himself or in unavoidable circumstances send his
subordinates immediately to arrest the wanted person with the
help of the other station staff.
(Emphasis Supplied)
Relevant Judgments
380. In Lallan Singh v. State of Uttar Pradesh, (2015) 13 SCC
362, the Special Leave Petition of two convicts convicted of double

161
murder was dismissed by the Supreme Court on 29th October, 2007.

In the meantime, both the convicts had absconded and no action was
taken for as long as six years for apprehending the two accused
persons or to attach their properties. The Supreme Court directed the
Home Secretary of UP to file the affidavit seeking the information
mentioned in para 3. The affidavit filed disclosed that 51 convicts
were absconding despite their conviction having attained finality.
The Supreme Court was not satisfied with the mechanism to
apprehend the Proclaimed Offenders. The Supreme Court noted that
there was no effective mechanism/procedure for apprehending the
Proclaimed Offenders. The Supreme Court further noted that there
is no system to review the cases of Proclaimed Offenders at regular
intervals or to make the concerned officer accountable for their
failure or neglect to take further action by way of attachment of
property or otherwise. The Supreme Court further noted that an
effective supervisory mechanism is required to deal with the cases of
Proclaimed Offenders. The Supreme Court directed the Chief
Secretaries of States to constitute a State-level Supervisory
Committee comprising of the Home Secretary, Law Secretary,
Director General of Police and Secretary State Legal Services
Authority to monitor and review the cases on six monthly basis. The
biannual status report was directed to be submitted to the High
Court. Relevant portion of the said judgment is as under:
―3. … It was in that backdrop that this Court
considered it fit to direct the Secretary, Home
Department of the State of Uttar Pradesh to file an
affidavit setting out the following information:

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(i) The total number of convicts who remain at large

despite their conviction having attained finality.
(ii) The offences, for which these convicts have been
found guilty and sentence of imprisonment awarded to
them as also the period for which they are at large
despite dismissal of their appeals/revisions be also
indicated.
(iii) Whether the State has any mechanism for keeping
track of cases in which the accused are convicted and
sentenced to imprisonment. If so, what is that
mechanism and who are the persons/agencies
responsible for ensuring apprehension and detention of
such convicts who have exhausted all the legal remedies
available to them?
(iv) Whether mechanism in place is effective having
regard to the number of convicts at large despite their
conviction having attained finality. If it is not, whether
the State proposes to remove the deficiency in such
mechanism to ensure that those who are guilty and
convicted are apprehended and sent behind the bars to
serve out the sentence?
(v) Whether in the case at hand, the prosecuting agency
or any other agency concerned with the arrest and
detention of the accused/convicts has taken any steps
for the apprehension of the absconding convicts? If so,
to what result? The details of the steps, if any taken by
the State Agency concerned, may be set out.
(vi) Has anyone within the said agency neglected the
discharge of his duty of apprehending the convicts,
Awadesh Kumar Singh and Sawaroo in the present
case? If so, whether the State proposes to institute any
inquiry into the conduct of those responsible for such
negligence?
4. The Home Secretary has, pursuant to the above
direction, filed an affidavit on 11-11-2013 in which it is
inter alia stated that as per the reports obtained from
the Inspector General of Police (Crime) from the
Director General of Police Headquarter, Lucknow,

163
there were a total of 51 convicts who are still at large

despite their conviction having attained finality.
5. The affidavit goes on to state that non-bailable
warrants against the said convicts have been issued and
action taken under Sections 82 and 83 of the Code of
Criminal Procedure.
6. The particulars of the absconding convicts are also
set out in Annexure A, annexed to the affidavit. The
affidavit asserts that there is a mechanism in place for
apprehending convicts whose convictions have attained
finality and that in terms of the said mechanism which
includes a monitoring cell comprising the District
Judge, the District Magistrate, the Superintendent of
Police and the Chief Judicial Magistrate and execution
of warrants for apprehending such convicts is
monitored on a regular basis.
7. When the matter came up before us on 3-1-2014, we
examined [Lallan Singh v. State of U.P., 2014 SCC
OnLine SC 1651, wherein it was directed:―1. Heard.
The Secretary, Department of Home, State of Uttar
Pradesh, presently at Lucknow, has filed an affidavit
pursuant to our order dated 19-7-2013.2. Ms Shobha
Dixit, learned Senior Counsel appearing for the
respondent State, submits that although there is a
mechanism in place for apprehending those who have
been convicted for different offences but have not
surrendered to custody, certain further steps need to be
taken in that direction to strengthen the efficacy of that
mechanism. She further submits that the problem of
apprehending those convicted for the offences and
committing them to jail to serve the sentence awarded
by the courts appears to be a bigger phenomenon and
needs to be addressed on a countrywide basis.3. There
is merit in the contention of Ms Shobha Dixit. We have
come across cases from different States including for
instance the State of Bihar where convicts have not
surrendered to custody even though their appeals have
been dismissed by the High Court years ago. One such

164
case [SLP (Crl.) No. 9691 of 2010] came before us on

2-1-2014 where out of 10 convicts sentenced to life
imprisonment for an offence of murder punishable
under Section 302 of the Penal Code, 1860, only 2 have
surrendered to custody while the remaining 8 are at
large despite lapse of five years since the dismissal of
their appeals by the High Court. The situation may not
be different in other States also.4. We are, therefore,
inclined to examine this issue in a larger perspective for
which purpose we have requested Mr U.U. Lalit, Senior
Advocate, to assist the Court as amicus. Mr Lalit has
graciously agreed to do so. We, therefore, direct the
Registry to furnish to Mr Lalit a copy of our order dated
19-7-2013, the affidavit filed by the Secretary,
Department of Home, State of Uttar Pradesh as also the
other relevant documents which the amicus may require
for this purpose. The Registry shall do the needful
within four weeks. Post immediately after four weeks.‖]
the affidavit filed by the Home Secretary and were
prima facie of the view that the mechanism, referred to
in the affidavit, was not efficacious and required to be
strengthened.
8. We were also of the view that the problem of
apprehending convicts who abscond after their
convictions attain finality was not confined to the State
of Uttar Pradesh only but appear to be a wider
phenomena that may require to be addressed on a
countrywide basis. We had for that purpose and with a
view to evolving an effective mechanism appointed Mr
U.U. Lalit, Senior Advocate, to assist the Court as
amicus.
xxx xxx xxx
12. The affidavit filed by the Home Secretary suggests
that there is a monitoring cell comprising the District
Judge, District Magistrate, Superintendent of Police,
Chief Judicial Magistrate concerned. Apart from the
fact that the cell is rather loosely constituted, it does not
appear to be proving effective. We say so because there

165
is nothing on record to suggest that the cell meets on

regular intervals to review cases where convicts have
not been apprehended or makes the officers concerned
accountable for their failure or neglect or takes further
action in the matter whether by way of attachment of
property or otherwise.
13. The situation in other States may be no different
from what is prevalent in the State of Uttar Pradesh
where a very large number of such convicts remain
absconding just because the enforcement agency proves
inadequate for the job.
14. It is in this backdrop that we propose to issue
directions not because we intend to digress from the
procedure that CrPC lays down but because the
procedure so prescribed ought to be effectively
enforced. A close monitoring of the working of the
existing mechanism wherever it is in place is required
for without such monitoring the process may steadily
become wholly ineffective defeating the entire purpose
underlying trial and conviction of such offenders. An
effective supervisory mechanism would, in our opinion,
add to the efficacy of the law enforcement process.
15. Having heard the learned counsel for the parties on
the question of composition, any such supervisory
mechanism, we are of the opinion that a State-level
Supervisory Committee comprising: (i) Secretary to
Government, Home Department; (ii) Secretary to
Government, Department of Law; (iii) Director General
of the State Police; and (iv) Secretary, State Legal
Services Authority can be constituted to monitor and
review such cases on a six-monthly basis. A biannual
status report shall then be submitted by the State-level
Committee to the Executive Chairman of the State Legal
Services Authority who may in consultation with the
Patronage Chief of the State Legal Services Authority
take such action in the matter as is considered fit
including, if necessary, taking up the matter on the
judicial side.

166
16. We, accordingly, direct the Chief Secretaries of all

the States and Union Territories in the country to
constitute a State-level Supervisory Committee
comprising the members, indicated above, within three
months from the date a copy of this order is received by
them under intimation to the Chairperson, State Legal
Services Authority concerned. We make it clear that the
constitution of the State-level Committee is in addition
and not in substitution of any existing mechanism at the
district level. These proceedings are with the above
directions disposed of.‖
(Emphasis supplied)
SUMMARY OF PRINCIPLES OF LAW

381. The Criminal Procedure provides different kinds of processes
for appearance of accused/suspect. These processes are not only used
by Courts seeking the presence of the accused before it during the
trial but more importantly by enforcement/investigating agencies
such as the Police who seek to ensure that an absconding accused
joins the investigation.
382. The purpose of proceeding under Sections 82 and 83 CrPC is
to secure the presence of the person. Depending on the nature of the
offence, the person absconding or concealing himself may be
declared as a „Proclaimed Person‟ or a „Proclaimed Offender‟ under
Section 82(2) CrPC.
383. Once the Court is satisfied 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, then such Court can issue a
proclamation against such a person.

167
384. When the Code was initially enacted, for the purpose of
Section 40(1)(b) CrPC a „Proclaimed Offender‟ was defined as
including a person proclaimed as an offender by any Court to which
the Code does not extend for commission of offences in the
territories to which the Code extends which are punishable under
Sections 302, 304, 382, 392-399, 402, 435, 436, 449, 450 and 457-
460 of IPC while Section 82 CrPC was limited to declaration of a
„Proclaimed Person‘.
385. Section 82 CrPC was subsequently amended vide the Criminal
Amendment Act 2005 w.e.f. 23rd June, 2006 to include sub-sections
(4) and (5) which provide for declaration of a „Proclaimed
Offender‟. As per Section 82(4) CrPC, a Proclaimed Person under
Section 82(1) CrPC who fails to adhere to the proclamation and is
also an accused of offences under Section 302, 304, 364, 367, 382,
392-399, 400, 402, 436, 449, 459- 460 of IPC may be declared as a
„Proclaimed Offender‟.
386. The procedure for declaration of a „Proclaimed Person‘ and a
„Proclaimed Offender‟ as stipulated in the Code of Criminal
Procedure, comprises of the following steps:
(i) Pre-requisites to issuing a Proclamation under Section 82(1)
CrPC – A proclamation may only be published directing that
the „Proclaimed Person‘ appear at a specified time and place
not less than 30 days from the date of publication, once the
Court is satisfied that:
(a) A warrant of arrest has already been issued and all
possible attempts to execute the warrant have been

168
made;
(b) Subsequent to a warrant having been issued, the person
is absconding or concealing himself in a manner to
avoid execution of the warrant.
(ii) Enquiry to ensure that warrant of arrest has been issued and
all efforts to execute the same have been made by the Police
Officer – Prior to issue of proclamation, a warrant as per the
Second Schedule, Form No. 2 or Form No. 9 of the Code must
have been issued.
387. Procedure for Publication of the Proclamation Section 82(2)
CrPC –As per section 82(2) CrPC, the proclamation must be read in
some conspicuous place of the town or village in which the person
resides. It shall also be affixed to some conspicuous part of the house
in which the person resides or to some conspicuous place of the town
or village. Further, a copy of the same must also be affixed to some
conspicuous part of the Court house. The Court may also direct a
copy of the proclamation to be published in a daily newspaper
circulating in the place is which such person ordinarily resides. The
terms of Section 82 CrPC are mandatory and a proclamation cannot
be issued without first issuing a warrant of arrest.
388. Where a proclamation published is in respect of a person
accused of certain specified heinous offences and such person fails
to appear at the specified place and time required by the
proclamation may pronounce him a „Proclaimed Offender‟ and make
a declaration to that effect under Section 82 CrPC.

169
389. The Court may pronounce an absconder as a Proclaimed

Offender if he is accused of any of the following offences:
(i) Murder; Culpable homicide not amounting to murder
(ii) Kidnapping or abducting in order to murder; Kidnapping
or abducting in order to subject person to grievous hurt,
slavery etc.
(iii) Committing theft after making preparation for death, hurt
or restraint in order to commit the theft; committing
robbery or attempting to do so; causing hurt in committing
robbery; committing dacoity/dacoity with murder;
committing robbery/dacoity with attempt to cause death or
grievous hurt; attempting to commit robbery/dacoity when
armed with deadly weapon; preparing to commit or
assembling to commit dacoity; or belonging to a gang of
dacoits,
(iv) Causing mischief by fire or explosive substance with intent
to destroy house, etc.
(v) Committing house-trespass in order to commit offence
punishable with death; causing grievous hurt/death while
committing lurking house-trespass or house-breaking;
being member of group that causes grievous hurt/death
while committing lurking house-trespass or house-breaking
by night.
390. Pursuant to declaring a person a Proclaimed Person/Offender
under Section 82 CrPC, the Court is empowered under Section 83
CrPC, to order attachment of the movable and/or immovable

170
properties of the Proclaimed Person/Offender at any time after the

issuance of the proclamation under Section 82 CrPC.
391. Sections 83 to 86 CrPC deal with attachment and the effects
arising thereof. Section 83 CrPC empowers the Court to attach the
property of any person concerned against whom a proclamation has
been issued. An order of attachment can only be made after an order
of proclamation has been issued for justifiable reasons. However,
there is an exception to this general rule in the proviso to Section 83
(1) CrPC, the attachment order can be made simultaneously with a
proclamation order on two occasions: firstly, when the property is
about to be disposed of and secondly, the property is about to be
removed from the local jurisdiction of the Court.
392. Process of Attachment of property – The Court that issues the
proclamation may attach any movable or immovable property of
such person under Section 83 of the CrPC when it has a reason to
believe (by an affidavit or other evidence) that the person is making
an attempt to:
(i) dispose of the immovable property; or
(ii) is going to transfer the immovable property either entirely
or partially, to an area outside the local jurisdiction of the
concerned Court.
393. The Court‟s order to attach the property would be authorized
depicted under Form No. 7 of the Second Schedule of CrPC to

171
compel the appearance of an accused person. On some occasions, the

property to be attached might be a debt or a movable
property. Section 83(3) has laid down the manner in which such
properties could be attached:
(i) By seizing such property; or
(ii) By appointing a receiver;
(iii) By issuing an order which will obstruct such property from
being delivered to the proclaimed offender or someone who
might receive it on his behalf; or
(iv) By all or any two of such methods, that the Court deems fit.
394. If the property which has to be attached is immovable, it will
be attached via Collector of the district where the property is situated
when the matter concerns land paying revenue to the State
government. In other cases, the property will be attached, by taking
possession of the property or by appointing a receiver; or by issuing
an order restricting the payment of rent to the person absconding or
to anyone on his behalf; or by all or any two of such methods, that
the Court deems fit as mentioned in Section 83(4) CrPC.
395. If the property to be attached is inclusive of livestock or
perishable goods, then the Court may grant an order directing the
immediate sale of the property. The proceeds earned from such sale
would be put to use in the way directed by the Court.
396. Restoration of Property – If the person whose property is
attached, is apprehended to the Court or appears voluntarily before
the Court within a period of two years from the date of attachment of
property, the procedure will be as follows:

172
(i) The accused presents himself/herself before the Court that

issued the order of attachment of property or any Court
which is superior to that Court.
(ii) The accused did not intend to conceal themselves to avoid
the execution of the warrant issued against them.
(iii) The accused did not have knowledge of the issue of the
order of proclamation so as to attend to their property.
(iv) If the above is proved before the Court, then the property
so attached is delivered back to the accused. In case the
property is sold, then the net proceeds from the sale are
granted to that accused.
(v) Lastly, if the property is sold partly, then the net proceeds
from the part sold and residue of the property is delivered
back to the accused only after recovering all expenditure
incurred as a consequence of attachment of the property.
397. Section 84 CrPC allows any person other than the Proclaimed
Person/Offender to raise claims/objections in respect of the
attachment made for adjudication within six months from the date of
attachment, and Section 85 CrPC enables the Court to inter-alia
deprive the Proclaimed Person/Offender of the attached property
upon failure to appear within the time specified in the proclamation
and accordingly, place the attached property at the disposal of the
State Government.
398. The primary responsibility for securing the arrest of a
Proclaimed Person/Offender rests with the police of the station
under whose jurisdiction he is a resident. A Proclaimed

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Person/Offender may, however, be arrested by any police officer

without any order from a Magistrate and without a warrant. Any
private person can also arrest a Proclaimed Offender and hand him
over without unnecessary delay to a police officer/nearest police
station.
399. The names of all such Proclaimed Person/Offenders have to
be recorded in the Police Station Register No.10 (Surveillance
Register). The CRO Branch of the SP Office maintains a register of
Proclaimed Offenders in two parts:
(i) Part I shall contain the names of all the residents according
to the police station of whose jurisdiction the Proclaimed
Offenders are resident.
(ii) Part II shall contain the names of all offenders proclaimed
who are not resident of the district. These names shall be
entered according to the district of which they are said to
be resident.
400. Whenever a Proclaimed Person/Offender is arrested,
intimation is sent to the police station and district of which he was a
resident so that his name can be struck off from the register/list of
Proclaimed Offenders. The name is likewise struck off on receipt of
intimation of the death of the proclaimed person.
401. Every member of the village panchayat, chowkidaar, officer
employed in connection with the affairs of the village and every
person residing in the village must communicate to the nearest
magistrate/police station of any person whom he knows or
reasonably suspects to be a Proclaimed Person/Offender. As soon as

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a police station receives intimation of the proclamation of a resident

of its jurisdiction, the sarpanch and chowkidaar of the village where
the Proclaimed Person/Offender resides or has relatives or friends
that he is likely to visit, shall be informed about the same.
402. Whoever knowingly harbours a Proclaimed Offender to
prevent his apprehension is liable to be punished under Section 216
IPC with imprisonment upto 7 years in certain cases.
403. Section 174A IPC was inserted by the Criminal Amendment
Act of 2005, penalizes the non-appearance of a person as required by
a proclamation published under Section 82 CrPC and provides the
following punishment: (a) for a term up to three years/fine/both in
case of non-appearance consequent to a proclamation under Section
82(1) CrPC; and (b) for a term upto seven years with fine in case of
a declaration under Section 82(4) CrPC (in respect of offences under
Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398,
399, 400, 402, 436, 449, 459 or 460 of the IPC.
404. Under Section 229A IPC, the failure of a person to appear
before the Court released on bail or bond has been made a penal
offence punishable with imprisonment, of either description, for a
term which may extend to one year, or with fine, or with both.
Section 229A IPC is an addendum to Section 174A IPC.
GUIDELINES
Guidelines for Warrants of Arrest at Investigation Stage

405. NBW against accused evading arrest – The Investigating
Officer may apply to a Magistrate for issuance of warrant of arrest

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where the offence is cognizable, non-bailable and the

accused/suspect is evading his arrest.
406. Investigating Officer to disclose efforts made to arrest –
Before applying for warrant, the Investigating Officer shall show the
efforts made to arrest the accused.
407. Address on the NBW – The Investigating Officer shall show
that the accused is ordinarily residing at or was very recently
residing at some address verified by the Investigating Officer and
that the accused is not available at that address due to his deliberate
intention to avoid the arrest.
408. No NBW on mere absence from house – No warrant shall be
issued against an accused merely on the ground that he is not
available to the Investigating Officer/Police for joining the
investigation.
409. Investigating Officer to share material connecting the accused
–The Investigating Officer shall share the material collected by him
during investigation before the Court on the basis of which the
accused is connected to the crime.
410. Affidavit of the police officer – The police shall file an
affidavit disclosing the date, time and mode of service as well as the
attempts made to search and identify the accused.
Guidelines for Warrants of Arrest at Trial Stage

411. Abscondance during Trial more serious – At the stage of trial,
the accused is normally on bail. The abscondance during trial is
more serious than abscondance during investigation as the accused

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has already crossed the stage of investigation and has been

summoned by the Court to face trial and if the Charge(s) has/have
been framed, the finding of existence of prima facie case against the
accused is on record.
412. Mere non-appearance sufficient – Mere non-appearance of
accused without any justified reasons is sufficient justification for
issuance of warrants of arrest including NBW by the Court.
413. Court to decide exemption plea – If any authorized person is
present before the Court on behalf of any accused and moves an
application to show the reasons for non-appearance of the accused,
the Court shall decide the application in accordance with the law.
Guidelines for Verification of address(es) of the accused by the
police at the stage of Summons/Warrants/Arrest/Surrender
414. Physical verification of address of accused – The
Investigating Officer shall ensure the verification of the address of
the accused before or after his arrest or while seeking his arrest
warrants from the Court.
415. Ratification of address of accused by neighbours during
verification – The Investigating Officer shall record in the case diary
the name of at least two respectable persons of the locality of the
accused with their contact details like addresses and telephone who
ratify that the address of the accused mentioned in the arrest memo
or the applications for seeking warrants of arrest of the accused is
correct and complete and it belongs to the accused.
416. Ascertain permanent address or additional address of accused
with verification – The Investigating Officer shall ascertain the

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additional addresses of the accused viz. the permanent or the native

place address and if addresses are located in other States, the same
shall be verified through a subordinate or by the local police of such
address disclosed.
417. Append photograph of the dwelling unit of the accused – The
Investigating Officer shall take photographs of the dwelling unit of
the accused which is shown/claimed to be the address of the accused.
In case the Investigating Officer has an internet facility at the Police
Station, he shall take the help of printouts of internet maps like
Google Maps so as to show the specific location of the house.
418. Documentary proof of address of accused – The Investigating
Officer shall collect documentary proof of the address disclosed by
the accused and append the same with the Chargesheet.
419. Documentary proof of tenanted premises of the accused – In
case an accused is a tenant in the property, a copy of the rent
deed/rent receipt or a plain paper declaration by the landlord would
be a sufficient compliance of this requirement.
420. Mandatory registration of all property owners/landlords who
let their residential/ commercial or industrial property on rent –
Delhi being the national capital attracts thousands and lakhs of
inbound settlers. The number of crimes committed by this floating
population is alarmingly high. Also, the heightened national security
scenario demands repeated notification of compulsory Tenant
verification drives by Delhi Police. This can be done in a simple
online format and also through offline procedure. This would, upon

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its linkage to Aadhaar data bank, rule out frequent incidents of

abscondance during criminal trials.
421. Disclosure of name and address of three blood relatives of the
accused – At the time of arrest, the accused shall share names of at
least three blood relatives with their details like address and contact
numbers and the nature of the relation.
422. Ascertain mobile and landline connection/email address of the
accused – The Investigating Officer shall ascertain all mobile and
landline connections issued in the name of the accused/suspect,
and/or any identity cards issued in the name of the accused/suspect
so as to enable them to establish contact with the accused/suspect.
Details such as email address of the accused/suspect wherever
available shall also be included in the arrest memo.
423. Ascertain workplace details and address of the accused – The
Investigating Officer shall ascertain the work profile/job profile of
the accused and shall obtain the complete address and details of his
place of work/employer with other contact details.
424. Ascertain details of the head office of the employer of the
accused – In case the accused is found to be working in a
Government/Private employment, the address of the Head Office of
his employer shall be obtained apart from requiring such Employer
to share with the Police and Court in case there is a change of place
of employment or termination or removal of accused from
employment.
425. Documentary proof of workplace details along with
photograph – The Investigating Officer shall obtain a documentary

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proof of the place of work of the accused and shall record it in the
charge sheet as an address where due service can be effected.
Photograph of such work place shall also be obtained.
426. Investigating Officer to collect the relevant details of the
accused in terms of the format attached hereto as Annexure A – The
Investigating Officer shall collect the relevant particulars relating to
the complete residential/permanent address of the accused, contact
details including telephone/mobile numbers and email addresses,
social media accounts etc. The Investigating Officer shall fill up the
performa attached hereto as Annexure A during the investigation.
427. Modification of arrest memos in terms of UID/Aadhaar
particulars – Vide Notification No.F.13/13/98/HP-I/ESTT.55-74,
dated 05th January, 2001, Lt. Governor, Delhi while exercising
powers under Section 147 0f Delhi Police Act, 1978, notified an
Arrest Memo Proforma proposed by NCRB, Ministry of Home,
Government of India.
428. Accused to share photograph, mobile & documentary IDs –
At the time of arrest or soon thereafter, the police shall collect the
photograph, mobile and landline number, email ID, all Social
Networking accounts like Facebook, Instagram, LinkedIn, Twitter
and IT Communication tools and copies of at least two documents
namely Aadhar Card, Passport, PAN Card, Bank Account, Credit
card, Ration card, Electricity bill, Landline telephone bill, Voter I.D.
Card, Driving Licence from the accused.
429. Accused and surety to inform police and Court of changed
address/mobile number – In case of grant of bail, it shall be

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mandatory for every accused and surety as a condition for grant of

bail that, both the accused and the surety shall inform the police as
well as the Court granting the bail about the change of their
residential address and/or mobile number/ contact details while the
accused is on bail.
430. Mandating disclosure and filing of documents in case of
anticipatory bails as well as regular bails before the hearing – The
concerned area Magistrate/Court hearing the Bail application shall
ensure that the accused shares all the particulars mentioned in
Annexure B.
431. Area Magistrate to ensure compliance of all guidelines
relating to arrest – The concerned area Magistrate/Court hearing the
application shall ensure that the above guidelines have been duly
complied with by the police.
Guidelines for cases instituted on private criminal complaints

432. Supply of addresses and the documentary proof of such
address of accused – The complainant shall share all available
addresses of the accused known to him i.e. current/temporary/
permanent and workplace. The complainant shall file documentary
proof of the address of the accused, if available.
433. Declaration from complainant – The complainant shall state
on oath in his affidavit that the address of the accused in the
complaint is true and complete to the best of his knowledge.
434. Additional addresses to be shared by Accused – Post entering
of appearance by the accused, the accused shall disclose additional

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addresses other than those mentioned in complaint to the Court with

address proof.
435. Accused to furnish name and address of three of his relatives
– In complaint cases, accused shall furnish name, address, relation
and other details of his three relatives for future communication.
However, service of summons to those addresses may not be treated
as due service under Section 64 CrPC.
436. Photograph and identity proof of the accused and surety –
The photograph and the identity proof of the accused and surety to
be affixed on the bail bond.
437. MLAT with Foreign Countries – In case any criminal
complaint or in a case filed by Police, where the accused is alleged
to be in a foreign country, the Court shall satisfy whether India has a
Mutual Legal Assistance Treaty (MLAT) or any other similar
Treaty with such country and summons shall be issued under the
applicable formats/guidelines.
Guidelines for conditions to be imposed at the time of granting bail
438. At the time of grant of bail, the Court shall direct the accused
to (i) disclose the address where they ordinarily reside or any other
address, (ii) share a copy of their Government ID proofs such as
Aadhar, PAN Card, driving license, Voter ID, Ration card etc.
439. The Courts while granting bail can impose the following
conditions to ensure the presence of accused in the Court at the time
of hearing:
(i) The accused to furnish his Mobile number along with
the undertaking that he/she will always keep his

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mobile on active mode and share his live location with

the Investigating Officer as and when requested/
ordered.
(ii) The Accused to make a video call to the Investigating
Officer periodically.
(iii) The Accused to give all available addresses including
permanent, current address or any other address where
he may reside along with the proof thereof.
(iv) The Accused to give an undertaking that he/she will
notify the Investigating Officer in case of change of
address or mobile number.
(v) The accused to furnish a Government ID.
(vi) The accused to furnish PAN Card details along with
his Income Tax Ward.
440. The accused shall furnish the relevant information relating to
his residential/permanent address, details of his family, contact
details including telephone/mobile numbers/email etc. in the format
of Annexure B to the court at the time of grant of bail in addition to
Form 45 CrPC.
Guidelines for Issuance of Proclamation
441. Proclamation only on deliberate concealment – The police
has to submit a report before the Court that the person against whom
the warrant was issued, has absconded or is concealing himself.
442. Concealment has to be deliberate – The concealment has to be
deliberate for the purpose of avoiding arrest. The mere fact that the
police could not find the accused, is not enough.

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443. Mere non-availability at address is not sufficient – Mere non-

availability at the address is not sufficient unless the concealment is
deliberate to avoid arrest. A person who had gone abroad before the
issue of the warrant of arrest cannot be said to be absconding or
concealing. However, if the accused left India before proclamation
but continues to remain outside India with a view to defeat or delay
the execution of the warrant, he shall be taken to be absconding.
444. Affidavit/Status Report of the Police – The police officer shall
file an affidavit/status report to disclose the addresses and phone
numbers/email addresses (if available) of the accused against whom
the warrants had been issued and the reasons for inability to secure
the presence of the accused before the Court.
445. Pre-requisites to the issuance of a proclamation – Prior to
issuance of a proclamation under Section 82(1) CrPC,
(i) The police officer may file an Affidavit/Status Report
disclosing:
(a) All available addresses and phone numbers/email
addresses (if available) of the person against whom the
warrant has been issued along with proof of the said
addresses, phone numbers/email addresses and any other
details available in the information sheet with underlying
documents demonstrating the same;
(b) particulars of proof of service of the arrest warrant at the
said address (i) by post; (ii) by hand (iii)mobile number,
(iv) email address (if any) and (v) service on a family
member/neighbor along with credible proof of the same;

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(c) In the event warrant has been affixed on a conspicuous

part of the house where the person ordinarily resides,
town/village/ courthouse, the police officer must annex a
picture showing that warrant has been affixed in such
manner along with his affidavit. The picture must be
taken in a manner that makes it clear to the Court that
the warrant has in fact, been affixed at the said house;
(d) Reasons for inability of the police officer in securing
presence of the person against whom warrant is issued;
(ii) The Court must pass an order dealing with the contents of the
Affidavit/Status Report and reasons given by the police officer
for arriving at a conclusion that the person has absconded or is
concealing‟ himself or reasons for inability of the officer in
securing presence of the person.
446. Court to record satisfaction – Under Section 82 CrPC, the
Court issuing proclamation shall record to its satisfaction that the
accused had absconded or concealed himself. The expression
‗reason to believe‘ in Section 82 CrPC means that the Court has to
be subjectively satisfied from the materials before it that the person
has absconded or has concealed.
447. Court to examine executing officer – Before issuing a
proclamation, the Court shall examine the officer with respect to the
measures taken by him to execute the warrants.
448. Issuance of arrest warrant a pre-condition – Issuance of an
arrest warrant and the accused found absconding, are pre-conditions
for issuing proclamation.

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449. NBW and Section 82 CrPC not to be issued together -

Simultaneous issuance of both the processes, namely, warrant of
arrest and proclamation is ex-facie contradictory, since it is only
after the former that the latter can be issued where the concerned
person has absconded or is hiding.
450. Pre-requisites to the publication of a proclamation under
Section 82(2)(ii) CrPC – Prior to publication under Section 82(2)(ii)
CrPC the Police Officer may be mandatorily required to file an
Affidavit disclosing: A picture showing that proclamation has been
affixed in a conspicuous place of the house where the person resides.
The picture must be taken in a manner that makes it clear to the
Court that the proclamation has in fact, been affixed at the said
house; The Court must pass an order dealing with the contents of the
Affidavit and statement of the process server along with its reasons
for directing publication under Section 82(2)(ii).
451. Publication by all three modes essential – Publication by all
three modes namely (i) public reading in some conspicuous place of
the town/village in such person ordinarily resides; (ii) affixation at
some conspicuous part of the house or homestead and (iii) affixation
at some conspicuous part of the court house are mandatory under
Section 82(2) CrPC. The failure to comply with all the three modes
of publication is to be considered invalid publication, according to
law as the three sub-clauses (a) to (c) are conjunctive and not
disjunctive.
452. Section 82 CrPC to be read as a whole – The three clauses
(a), (b) and (c) of Section 82(2)(i) CrPC are conjunctive and not

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disjunctive. The factum of valid publication depends on the

satisfaction of each of these clauses. Clause (ii) of sub-Section (2) is
optional; it is not an alternative to clause (i). The latter clause is
mandatory.
453. Photograph of the affixation of proclamation – Prior to the
publication under Section 82(2)(i) CrPC, the police shall file an
affidavit along with the photographs of the affixation of
proclamation on the conspicuous part of the resident of the accused.
The police officer shall fill and submit performa in the format of
Annexure C before the court at the stage of seeking proclamation.
454. Upon publication of the proclamation under Sections 82/83
CrPC, copy of that newspaper be sent by the newspaper agency by
post to the address of the accused as being done in Civil matters
under Order 5 Rule 10 of CPC.
Guidelines for Enhancing the Efficiency in Execution of
Proclamations
455. Mandatory affixation of photograph of the accused on the
Arrest Memo – The modified Arrest Memo shall also have a
mandatory column for affixation of front and side pose photograph
of the arrestee. Inclusion of photograph would not only bring
credibility to the Arrest Memo but would also come handy in the
future proclamation proceedings, if any. Also, once included in the
Data Bank of National Crime Record Bureau (NCRB), the photo can
be used to identify the repeat offender with the help of latest
software tools which use face recognition techniques like super
imposition etc.

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456. Inclusion of all mobiles and landline connections of the

accused in the Arrest Memo – The Arrest Memo shall carry all
mobile and landline numbers of the accused apart from such contact
numbers of his/her parents, spouse or any other first-degree relation
for future reference purposes. Availability of mobile phone number
of the suspect/ arrested accused would come handy in establishing
communication with him/her by the Investigating Agencies or the
Courts.
457. Inclusion of all other particulars of Information Technology
Communication tools like Email I.Ds, Facebook accounts, LinkedIn
in accounts and Twitter accounts etc. of the accused in the Arrest
Memo – Another improvement which can be brought into the
modified Arrest Memo is inclusion of particulars of other new age
modes of communications namely Email I.Ds., Facebook accounts,
LinkedIn accounts, Twitter handles, etc. These days social media
tools can be used for tracking and tracing an accused in case of any
exigency akin to abscondance.
458. Inclusion of all the Bank Account particulars and Credit/Debit
Cards particulars of the accused in the Arrest Memo – Include all
the Bank Accounts particulars and Credit/Debit Cards particulars of
the arrestee in the Arrest Memo. This would go a long way in
tracking the accused if he absconds. Any usage or operation of Bank
account or the Credit Card, when put under surveillance, would get
registered and alarm the security agencies.
459. Execution of Section 82/83 CrPC processes to be done by an
officer not below the rank of S.I., since it is now a cognizable

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offence, under 174A IPC – Since abscondance and declaration as a

Proclaimed Person/Offender has now become a cognizable and non-
bailable offence, it is imperative that the execution of Sections 82
and 83 CrPC is done by an officer not below the rank of Sub-
Inspector.
460. Mandatory photography and video recording of Section 82/83
CrPC proceedings and attachment of the video file with the
prosecution material – Another tool which can add credence to the
proclamation/service proceedings is Photography as well as
Videography of the proclamation/service proceeding. This would
rule out instances where it is found that execution police official has
prepared the publication report without actually visiting the house of
the accused. A series of photos and a video of the house of the
accused during publication of the proclamation, will rule out the
instances where accusations are made that no visit was paid by the
execution officer at the address of the accused.
461. RWAs to keep track of floating population in their localities –
The civil society be involved in tracking the floating population of
their locality. Schemes like Bhagidari can be utilized for this
propose. Residential Welfare Associations/Market Associations can
keep track of floating population in their locality.
Guidelines for Early apprehension of Proclaimed
Offenders/Proclaimed Persons
462. Recording of Certain Identifier Details of Accused – There is
a need for accurate recording of certain identifier details of accused
and suspects, especially in crimes of higher gravity, either when they

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are joining investigation or attending courts for enabling effective

tracing in case they become absconders or are declared Proclaimed
Persons/Offenders at a later point in time. A suggestion on possible
details that could be voluntarily received from them at a suitable
stage either during investigation or while attending court to the
extent possible include:
(i) Good quality photographs from multiple axes.
(ii) Fingerprints recorded digitally.
(iii) Name, parentage, date of birth, native place and last
known address
(iv) Copies of Photo Identity documents like passport, EPIC
card, proof of address etc.
(v) Identification marks and general descriptors like height,
prominent facial looks etc.
(vi) Communication details: e-mail ID, mobile number,
landline number etc.
(vii) Social Media account details if any: Facebook,
WhatsApp LinkedIn, Twitter etc
(viii) Details of close family members and social
acquaintances.
(ix) Financial accounts details: Bank accounts, PAN card
number etc.
463. Making Public the name, details and pictures of Proclaimed
Persons/ Offenders – The names, addresses and pictures of the
Proclaimed Persons/Offenders be made public on different
government websites i.e. Delhi Police, NCRB, CBI and other States

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Police. The data of the Proclaimed Persons/Offenders in cases

involving the Delhi Police, as is already available on ZIPNET,
should be made accessible to the public. Details of Proclaimed
Persons/Offenders be also published on the website of the District
Courts.
464. Search Option for tracking Proclaimed Persons/Offenders –
Police websites shall carry a simple search box option where details
of each Proclaimed Persons/Offenders can be ascertained by simply
searching them with their names or other available particulars. This
will enable even the citizens to arrest the Proclaimed
Persons/Offenders under Section 43 CrPC.
465. Publicly Searchable Standardized National Search Database
of Proclaimed Persons/Offenders – Availability of a publicly
accessible database on Proclaimed Persons/Offenders which can be
easily checked and searched by the general public can be very useful
in eliciting public cooperation in receiving critical timely
information on Proclaimed Persons/Offenders. The digital platform
may have easy user-friendly online mechanism for public to give tip-
offs or useful information on Proclaimed Persons/Offenders for
assistance of law enforcement agencies.
466. Digital Police Portal – The “Digital Police Portal” launched
by MHA in 2018 is connecting all CCTNS based services as well as
different Apps for police are available on this single central portal.
Details of Proclaimed Persons/Offenders are publicly accessible on
this platform using the following link:
http://www.digitalpolicecitizenservices.gov.in/centercitizen/login.ht

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m;jsessionid=19854D38557AF143920E52F31BD78129
467. The existing database may be made more easily accessible and
provisions for public to give critical inputs or tip-offs using the
digital platform may be considered. Further the database may be
made available to Financial Intelligence Unit to develop suitable Red
Flag Indicators to track financial transactions by Proclaimed
offenders and provide Suspicious Transaction Reports that may help
identify Proclaimed Persons/Offenders.
468. Digital Surveillance of Proclaimed Persons/Offenders – Delhi
Police shall put in place a Digital Surveillance System whereby it
shall be given a “See only‖ access to all Digital Data of the
following departments to track the Proclaimed Persons/Offenders.
Once given access, there are software which can as Web Crawlers
search out the Proclaimed Persons/Offenders out of large data bases.
The threat perception from these Proclaimed Persons/Offenders
roaming around in Delhi fearlessly is immensely grave. The details
of the departments are as under:
(i) All Nationalized and Private Banks Saving Account Holders
data
(ii) All Nationalized and Private Banks Loan Account Holders
data
(iii) All Nationalized and Private Banks Credit Cards Holders Data
(iv) All PAN Card holders Data
(v) All MTNL / Private Landline holders Data
(vi) All MTNL / Private Mobile Holders Data
(vii) All Passport Holders Data

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(viii) All Govt. and Private Insurance Holders Data

(ix) All Aadhaar Card holders Data
(x) All Voter cards holders data
(xi) Transport Department, Driving Licence and Vehicle
Registration Data
(xii) Registrar of Death Registration Data
469. Following Financial Transactions of Proclaimed
Persons/Offenders – With increase in reliance on electronic
commerce, e-banking and payment gateways, it‟s become all the
more important to identify financial trails of Proclaimed
Persons/Offenders and the clues generated from such analysis of
financial trails with close contacts can be critical in tracing of
Proclaimed Persons/Offenders. The use of database of Proclaimed
Persons/Offenders by FIU-IND to consider incorporation of suitable
RFIs (Red Flag Indicators) may help with identification of financial
trails of Proclaimed Persons/Offenders.
470. Keep vigil on Social Media and Websites – The Digital
Surveillance Team of Delhi Police and CBI shall also keep vigil on
social media and websites like Facebook, WhatsApp, LinkedIn and
Twitter etc. for searching the accused/Proclaimed Persons/Offenders
with enhanced technological tools. The accused/Proclaimed
Persons/Offenders can even be tracked by their photographs.
471. All Police Stations to prominently display the names and
pictures of the Proclaimed Persons/Offenders – All the Police
Stations shall prominently display the names and pictures of the

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Proclaimed Persons/Offenders to make public aware and report the

matter to the police or arrest the Proclaimed Persons/Offenders.
472. Display a list of Proclaimed Persons and Offenders at a
conspicuous in the police station – The SHO concerned shall ensure
that a list of all Proclaimed Persons and Offenders who are
absconding, in cases registered in their concerned police station is
displayed on the notice board in the police station.
473. Use of Bharat Map of NIC to flag addressees of Proclaimed
Persons and Offenders – Creation of the 3D map of all the Police
Stations areas in Delhi with licensed or open source Google maps
type mapping with the help of National Informatics Centre (NIC)
which will have a real time pop-up display of all the Proclaimed
Persons and Offenders, convicts and other accused in a locality. The
pop-up shall display the image, name, address and other details in
mobile/tab/pad device or laptop or desktop for usage by Police,
Intelligence agencies and Judiciary only.
474. Assigning unique digital IDs to pre-verified addresses – On
the lines of PIN codes allotted by Postal Department to the entire
length and breadth of our nation whereby a particular six digit PIN
Code identifies a fixed area, this methodology can be further used to
award a Unique Address Code (UAC) whereby with the help of
Postal Department and Municipal Corporations having the house
records, pre-verified six digit unique code for each address can be
created. This code can be used by the police as well as by the
Judiciary for cross checking of the address for verification purposes
at the time of arrest/surrender and acceptance of bonds.

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475. Linking police promotions/rewards to the arrest of

Proclaimed Persons/Offenders – Linking police promotions/rewards
to the arrest of Proclaimed Persons and Offenders would motivate
the police officers to arrest the proclaimed offenders.
476. Central data base of Proclaimed Persons and Offenders – A
central data base of the proclaimed offenders be prepared similar to
the Crime and Criminal Tracking Network & System (CCTNS) for
sharing information between the state police with respect to the
Proclaimed Persons/Offenders.
477. If accused is suspected to be abroad/suspected to flee from the
country – If accused is suspected to be abroad, a Red Corner Notice
may be issued from INTERPOL against him or if the accused is
suspected to flee from the country, Look Out Notice/Circular be also
issued.
478. Use of INTERPOL channels if Proclaimed offender is
suspected to be abroad – The Investigating Agency through the
INTERPOL Liaison Officer contact National Central Bureau-New
Delhi, CBI requesting issue of suitable INTERPOL Notice through
IPSG for locating or tracing the Proclaimed Person/Offender abroad.
In the modern technology era it has become very important for
investigators to effectively utilize the digital footprints of
Proclaimed Persons/Offenders to trace them. Investigators need to
proactively look for leads and clues in social media, electronic
communication platforms and open source information to search for
Proclaimed Persons/Offenders.

195
479. Issuance of Look Out Circulars where the accused has left the
country – Ministry of Home Affairs, Foreigners Division
(Immigration Section) vide letter No.25016/10/2017-Imm.(Pt.) dated
22nd February, 2021 has issued detailed guidelines regarding
issuance of LOCs for alerting all Immigration Check Points (ICP).
Issue of Look Out Circulars in a timely manner can prevent escape
of Proclaimed Persons/Offenders to foreign jurisdictions.
480. Impounding or Revocation of Passport as per The Passports
Act, 1967 section 10(3)(h) – Steps should be initiated for
impounding or revocation of passport of the Proclaimed
Person/Offender. In the absence of impounding or revocation of
passports, the Proclaimed Person/Offender would be at liberty to
travel freely in international jurisdictions. Taking expeditious steps
in this regard shall be a key step in curtailing scope for international
movements of Proclaimed Person/Offender.
481. Restriction on issuing passports to those who are absconding
– The Ministry of External Affairs shall not issue passport facilities
to the absconding accused. The passport of such accused should be
revoked under Sections 6 and 10 of the Passport Act, 1967.
482. Creation of a dedicated website containing particulars of all
persons arrested or bailed in criminal offences – Our country is a
world leader in software and hardware development. We can use the
information technological tools by creating a database of all arrested
criminals and also all those who are facing criminal prosecutions.
This would not only be handy and easily accessible to all concerned
specially security agencies but will also act as deterrence to the

196
potential absconders. Such a data base can even be made accessible

to the public so that the same can be used to verify the criminal
antecedents or credentials of a person through a simple search
process by private parties. Such a data bank can also help identify
repeat offenders and serial offenders and can be an effective tool in
efficient handling of crime.
483. Creation of a dedicated website for all persons against whom
proclamation issued or who are declared Proclaimed
Person/Offender – Likewise we can also use the IT tools by creating
a database and a dedicated website of all absconders and Proclaimed
Persons/Offenders. This would go a long way in bringing in
discipline in criminal trials. Access to this tool would help in speedy
trial of justice and help tracking the absconders. As of now there is
no sure short mechanism whereby list of absconders or Proclaimed
Persons/Offenders of a particular state can be easily accessed by
police force from other States and Nations. Having a state-wise data
bank apart from a national data bank of such absconders/ Proclaimed
Person/Offender would help all stake holders in tracking such
persons and bringing them to justice. Even otherwise, absondance is
a public information and as per law, an absconder/ Proclaimed
Person/Offender can be arrested even by non-police, that is, a
common citizen.
484. Launching of a Composite Proclaimed Persons and Offenders
Website – There is an urgent need to create a dedicated website
which contains data of all the details of Proclaimed Person and
Proclaimed Offenders/ Absconders of each State / Union Territory in

197
a consolidated way with details of the crime, address etc. It may also
be integrated with the aforementioned CCTNS so that the efforts to
trace Proclaimed Persons/Offenders are not only in States where the
accused declared Proclaimed Persons/Offenders but also in the
entire Nation and even the world.
485. Interlinking of governmental / institutional databases for
instant real time verification – Evidently at the time of arrest,
accused furnishes his/her permanent / temporary / work place
address supported by identity documents like passport, Aadhaar
Card, Driving License and like. Such documents are also furnished
by the surety at the time of submitting Section 441 CrPC Surety
Bond before the SHO / MM / Trial Court. There is a need to
interlink the governmental / institutional databases with the help of
Application Programme Interface (API) with CCTNS of Police and
CIS of judiciary for instant verification of documents furnished in
the course of investigation / trial. Such exercise has already been
carried out and tested in at least three projects out of which one is
eDAR National Dashboard.
 eDAR National Dashboard – Under the aegis of Artificial
Intelligence Committee of Supreme Court, a decision was arrived
at to use AI Tool SUPACE (Supreme Court Portal for Assistance
in Court Efficiency) in various legal fields like criminal appeals,
income tax matters, land acquisition cases, Negotiable
Instruments Act complaints, and Motor Accident Claims. The
eDAR Dashboard is developed in such a way that it seamlessly
exchanges data with CCTNS of MHA, Vahan/Saarthi of MoRTH

198
and IIBI of IRDA and would eventually be able to push eDAR to

the Case Information System, CIS 3.2 of Judiciary. This
networking will help instant verification of documents thereby
saving thousands of man hours currently being utilised in
verification of documents like DL / RC from other states.
486. Governmental/Institutional Databases may be interlinked with
CCTNS/CIS – e-Governance Mission Mode Project of Government
of India mandated all Ministries, Departments and Public Sector
Undertakings to digitize their data and day-to-day working. Taking
advantage of this digital revolution, in order to tackle the menace of
accused/suspect absconding during the investigation/trial, there is
need to interlink the criminal justice system with the available
governmental/institutional databases. Lack of comprehensive
cohesive initiative in this regard has led to spiralling of crime in the
city state of New Delhi. Doubling of number of Proclaimed Persons
from 13,521 as in March 2010 which has now reached more than
28,000 in the year 2021. The databases which can be interlinked
with CCTNS of Police and CIS of judiciary include VAHAN,
SARATHI of MoRTH; Aadhaar; Bank Accounts; Land records;
Mobile Phone records; Passport; Insurance; Income Tax and like.
487. Creation of a dedicated Cell for Tracking and Arresting
Proclaimed Persons/Offenders – Considering the fact that in the last
around 10 years the number of Proclaimed Persons in Delhi has
swelled to double from 13,500 in 2010 to 28,000+ in 2021, there is a
need to create a dedicated cell for digital tracking and arrest of these
Proclaimed Persons/Offenders. Such cells in other States and UTs

199
can exchange real-time data to contain these outlaws. This will help
restore law and order and will bring down spiralling crime.
488. Cases in which Evidence should be recorded in terms of
Section 299 CrPC – In all cases in which an accused is absconding,
except those of exceedingly trivial or petty nature or where special
circumstances exist which make the procedure unnecessary or
undesirable, the Court may consider recording evidence against the
absconded offender under section 299 CrPC.
489. Mandatory to record reasons for proceeding under Section
299 CrPC – In order to render evidence recorded under section 299
CrPC admissible at future trial, it must be proved and put on record
that the offender has absconded and that there is no immediate
prospect of arresting him.
490. Invocation of Section 299 CrPC in case there are more than
one accused – In cases where some of the accused are absconding
and some are facing trial in the Court the evidence should first be
produced to prove that these persons are absconding and that there
was no immediate prospect of arresting them. The evidence of the
witnesses should thereafter be recorded in the case against those
present. Such evidence would be relevant against the absconders
under section 299 CrPC, according to which on the arrest of the
absconding accused, the deposition of the witnesses recorded in his
absence may be given in evidence against him if the deponent is
dead or incapable of giving evidence or cannot be found or his
presence cannot be procured without an amount of delay or
inconvenience which, under the circumstances of the case would be

200
unreasonable. The last ground can easily be cited where a large

number of prosecution witnesses have been examined in the absence
of the absconding accused.
Conclusion
491. The law with respect to the declaration of a person as a

Proclaimed Person/Offender is well settled. This Court has laid
down the Guidelines to be followed by the Courts before declaring a
person as a Proclaimed Person/ Offender. The Courts shall consider
the Guidelines before declaring a person as a Proclaimed
Person/Offender.
492. The Court, after declaring the person as a Proclaimed
Person/Offender, shall direct the Police to trace and identify the
movable and immovable properties of the Proclaimed
Person/Offender and file the status report with respect to the assets
of the Proclaimed Person/Offender. The Court shall thereafter
proceed to attach the movable and immovable properties of the
Proclaimed Person/Offender in accordance with the law.
493. After the declaration of a person as a Proclaimed
Person/Offender, the Police is required to trace the Proclaimed
Person/Offender and arrest him. This Court has laid down the
Guidelines for early apprehension of the Proclaimed
Persons/Offenders. The Court declaring a person as a Proclaimed
Person/Offender shall direct the Police to take all necessary action
for tracing the Proclaimed Person/Offender and file the Status
Report with respect to the action taken by the Police.

201
494. All the Courts below are directed not to close the matter after
declaring a person as a Proclaimed Person/Offender. Rather, the
Courts shall direct the police to file the Status Report with respect to
the efforts made to trace the Proclaimed Persons/Offenders; efforts
made to trace or attach their movable/ immovable assets/properties
and their prosecution in accordance with law. The concerned Courts
shall monitor the action taken by the Police and shall issue such
fresh directions as may be considered necessary. The Court may, in
appropriate cases, record the evidence of the witnesses under Section
299 CrPC.
495. Although no time period is prescribed for prosecution of the
Proclaimed Persons/Offender, this Court is of the view that the
Proclaimed Offender be prosecuted under Section 174A IPC, if the
Proclaimed Person/Offender does not surrender or is not traced out
within a period of six months of being declared as a Proclaimed
Person/Offender. If the accused has also violated the condition(s) of
bail bond by non-appearance in Court, the accused be also
prosecuted under Section 229A IPC.
496. All the Courts below shall send a quarterly compliance Report
to the Registrar General. The Compliance Report shall give the
number of Proclaimed Persons/Offenders declared by the Court;
number of cases in which Proclaimed Persons/Offenders have been
traced/arrested; number of cases in which assets of Proclaimed
Persons/Offenders have been attached; and number of cases in
which the accused have been prosecuted under Section 174A and/or
under Section 229A IPC, as applicable and number of cases in which

202
evidence has been recorded in Section 299 CrPC. In the event of

non-compliance, the Registrar General shall place the Report before
the ACR Committee of the Judicial Officer.
497. As per the status report of Delhi Police, there were 26,532
Proclaimed Persons and 3,826 Proclaimed Offenders as on 31st
September, 2019. This number is increasing day by day as no
concrete steps have been taken to trace the Proclaimed
Persons/Offenders; and to attach their assets and to prosecute them.
There appears to be the tendency of the Court as well as the Police to
close the matter after the person is declared as a Proclaimed
Person/Offender and the file is consigned to Record Room. This is a
serious lapse considering that the criminal law which sets into
motion with the filing of an FIR, comes to an abrupt end which is
against the most basic tenets of justice and causes an irreparable
injury to the entire society including victims.
498. Delhi Police as well as CBI shall create a Special Cell for
tracing out the Proclaimed Persons/Offenders; for attaching their
movable/immovable properties and for their prosecution. Delhi
Police as well as CBI are at liberty to have a consolidated Special
Cell. This Special Cell be created within a period of four weeks.
499. This Court is of the view that it would be appropriate and in
the interest of justice to constitute a High-Powered Committee to
supervise the implementation of Guidelines laid down by this Court
relating to the Proclaimed Persons/Offenders. In view of the above,

203
a Committee is hereby constituted comprising of the following

members:
(i) Joint Secretary to be nominated by the Secretary, Ministry
of Home Affairs.
(ii) Principal Secretary (Law), Department of Law, Justice &
Legislative Affairs, Goverment of NCT Delhi.
(iii) Special Commissioner of Delhi Police to be nominated by
Commissioner of Police.
(iv) Additional Director of CBI to be nominated by Director,
CBI.
(v) Joint Director (CCTNS) to be nominated by Director
General of Bureau of Police Research & Development
(BPR&D).
(vi) Mr. Surinder S. Rathi, Officer of DHJS presently posted as
Registrar and OSD to Hon‟ble the Chief Justice of Delhi
High Court, as a Convenor.
(vii) Mr. Kanwal Jeet Arora, Officer of DHJS presently posted
as Member Secretary, DSLSA.
(viii) Mr. Shashikant Sharma, HOD, Inter-operable Criminal
Justice System (ICJS), NIC.
(ix) Mr. Nikhil Goel, Standing Counsel for CBI.
(x) Mr. Sanjay Lao, Standing Counsel for Delhi Police.
500. The constitution of the Committee shall be appropriately

notified by the Ministry of Home Affairs, Government of India
within four weeks along with provisioning of necessary secretarial
assistance.
501. This Court has issued various guidelines for early
apprehension of the Proclaimed Persons/Offenders. All the
Guidelines are important and need to be implemented. However, if
all the Guidelines cannot be implemented immediately, the same
may be implemented in a phased manner under the supervision of
the above Committee.

204
502. The Committee shall convene the first meeting within four
weeks and shall, after hearing the Delhi Police and CBI, decide
which Guidelines can be implemented immediately. The Committee
shall thereafter meet at least once a month for implementation of the
remaining guidelines in a phased manner. The Committee shall
ensure that all the Guidelines are implemented in a phased manner
within a period of eight months to one year.
503. The Committee shall also consider Unified Criminal Justice
System, Research Paper filed by Mr. Surinder S. Rathi which
contains valuable innovative suggestions for bringing in the much
desired efficiency in the Criminal Justice System through intelligent
digitization.
504. The Committee shall supervise the implementation of the
Guidelines issued by this Court to be followed by Delhi Police as
well as CBI. Delhi Police as well as CBI shall file the quarterly
Status Report before the Committee giving the list of the Proclaimed
Persons/Offenders, efforts made to trace out the Proclaimed
Persons/Offenders, efforts made to trace and attach the movable and
immovable properties of the Proclaimed Persons/Offenders and the
prosecution under Sections 174A and 229A IPC. The first
compliance report for the quarter 01st August, 2021 to 31st October,
2021 be filed by 15th November, 2021 and thereafter by 15th of each
quarter. The same be considered by the Committee within four
weeks thereafter. The Committee shall, after considering the
compliance reports, issue fresh directions as may be considered
necessary to implement the Guidelines.

205
505. In Hussain v. Union of India, (2017) 5 SCC 702, the

Supreme Court noted that the trials were getting delayed on account
of absconding of one or the other accused during the trial. The
Supreme Court noted Section 339-B of the Code of Criminal
Procedure, 1898 of Bangladesh which permitted trial in absentia.
The Supreme Court recommended similar amendment of CrPC to
reduce the delay due to the absconding of the accused during the
trial. The Central Government shall consider the same within eight
weeks. Relevant portion of the said judgment is reproduced
hereunder:
―23. Another suggestion which cropped up during the
hearing of the present case relates to remedying the
situation of delay in trials on account of absconding of
one or the other accused during the trial. In this regard
our attention has been drawn to an amendment in the
Code of Criminal Procedure, 1898 of Bangladesh by
way of adding Section 339-B to the following effect:
―339-B. Trial in absentia.—(1) Where after the
compliance with the requirements of Section 87
and Section 88, the Court has reason to believe
that an accused person has absconded or
concealing himself so that he cannot be arrested
and produced for trial and there is no immediate
prospect of arresting him, the Court taking
cognizance of the offence complained of shall, by
order published in at least two national daily
Bengali Newspapers having wide circulation,
direct such person to appear before it within such
period as may be specified in the order, and if
such person fails to comply with such direction,
he shall be tried in his absence.
(2) Where in a case after the production or
appearance of an accused before the Court or his

206
release on bail, the accused person absconds or

fails to appear, the procedure as laid down in
sub-section (1) shall not apply and the Court
competent to try such person for the offence
complained of shall, recording its decision so to
do, try such person in his absence.‖
24. It is for the authority concerned to take cognizance
of the above amendment which may considerably
reduce delay in cases where one or the other accused
absconds during the trial.‖
(Emphasis supplied)
506. This Court appreciates the exemplary work done by the

Internal Committees of CBI as well as Delhi Police in terms of the
directions issued by this Court on 07th January, 2021.
507. This Court appreciates the valuable and effective assistance
rendered by Mr. Surinder S. Rathi, OSD-cum- Registrar to Hon‟ble
Chief Justice of High Court of Delhi, Mr. Nikhil Goel, Standing
Counsel for CBI, Ms. Nandita Rao, Additional Standing Counsel for
GNCTD, Mr. Dayan Krishnan, Senior Advocate, Mr. N. Hariharan,
Senior Advocate, Mr. Vikas Pahwa, Senior Advocate; Mr.
Rajshekhar Rao, Senior Advocate, Dr. L.S. Chaudhary, Advocate,
Mr. Rajiv K. Garg, Advocate, and Prof. (Dr.) G.S. Bajpai, Vice
Chancellor, NLU Patiala and former Professor of Criminology and
Criminal Justice, National Law University, Delhi, Mr. Akshay
Chowdhary and Ms. Anjali Agrawal, Law Researchers attached to
this Court.
508. These petitions are disposed of. It is clarified that these cases
have already been decided on merits.

207
509. Copy of this judgment be sent to the District Judges who shall
circulate it to all the concerned Courts.
510. Copy of this judgment be sent to Delhi Judicial Academy to
sensitise the judges about these Guidelines.
511. Delhi Judicial Academy shall upload this judgment on their
website (http://judicialacademy.nic.in) as good practices of this
Court.
J.R. MIDHA, J.
JUNE 28, 2021
ak/ds/dk

208
Annexure A
PROFORMA OF DETAILS TO BE COLLECTED DURING
INVESTIGATION
GENERAL INFORMATION
Sr. No.: _____________________________
FIR/DD No.: _________________________
Police Station: ________________________
DETAILS OF INVESTIGATING OFFICER:
Name: _______________________________
Rank: ________________________________
Police Station: _________________________
DETAILS OF THE ACCUSED

Name
Complete
Residential
address
Complete
Permanent
address
Age
Contact No.(s)
Details of
Family
Member(s) and
respective
Contact No. (s)
Occupational
details

209
DETAILS OF PROOF OF IDENTIFICATION/PLACE OF RESIDENCE

Type of Number of Document Whether
Document photocopy
attached
Driving Licence Yes / No
Aadhaar Card Yes / No
PAN Card Yes / No
Voter ID Yes / No
Passport Yes / No
Ration Card Yes / No
Bank Passbook Yes / No
Telephone Bill Yes / No
Electricity Bill Yes / No
ELECTRONIC MEDIA DETAILS OF THE ACCUSED

E- mail ID
Facebook ID
and associated
email
Twitter ID and
associated
email
LinkedIn ID
and associated
email
WhatsApp
Number
Any other
social media
account and its
relevant details

210
Annexure B
PROFORMA OF DETAILS TO BE FURNISHED BY THE
ACCUSED AT THE TIME OF BAIL
Sr. No.: _____________________________
FIR/DD/Case No.: _________________________
Police Station/Court: ________________________
I, (name) resident of (place) having

been arrested or detained without warrant by the officer in charge of
________________ police station (or having been brought before the Court of )
charged with the offence of and required to give security for my attendance
before such officer or Court on condition that I shall attend such officer or
Court on every day on which any trial is held with regard to such charge, and in
case of my making default herein, or being absconded or concealed myself and
I fail to appear at a specific place and at a specified time, I bind myself to get
my property/properties, as mentioned herein, attached by the Court. I further
bind myself to disclose any change in my residential address/permanent
address/ phone number/ mobile number/ other contact details to the officer in
charge of __________ police station/Court.
Date…………….
DETAILS OF THE ACCUSED

Name
Complete
Residential
address
Complete
Permanent
address
Age
Contact No.(s)
Details of
Family
Member(s) and

211
respective
Contact No. (s)
Occupational
details
DETAILS OF PROOF OF IDENTIFICATION/PLACE OF RESIDENCE
Type of Details of Document Whether
Document photocopy
attached
Driving Licence Yes / No
Aadhaar Card Yes / No
PAN Card Yes / No
Voter ID Yes / No
Passport Yes / No
Ration Card Yes / No
Bank Passbook Yes / No
Telephone Bill Yes / No
Electricity Bill Yes / No
ELECTRONIC DETAILS OF THE ACCUSED

E- mail ID
Facebook ID and
registered email
ID
Twitter ID and
registered email
ID
LinkedIn ID and
registered email
ID
WhatsApp
Number
Any other social
media account
and its relevant
details

212
Annexure C
PROFORMA OF DETAILS REGARDING PUBLICATION
UNDER SECTION 82 CrPC
Sr. No.: _________________________________
FIR/DD/Case No.: ________________________
Police Station/Court: ______________________
DETAILS OF THE OFFICER ENTRUSTED WITH PUBLICATION

Name
Designation
Contact No.(s)
DETAILS OF PERSON AGAINST WHOME PROCLAMATION IS TO

BE PUBLISHED
Name
Complete
Residential
address
Complete
Permanent
address
Contact No.(s)
Details of
Family
Member(s) and
respective
Contact No. (s)

213
DETAILS OF THE PROCESS

S.NO. DETAIL RESPONSE
1. Whether the proclamation was read out Yes / No
in a conspicuous place of the town or _______________________
village in which the person resides? If _______________________
not, give reasons. _______________________
_______________________
2. Whether the reading out of the Yes / No
proclamation was recorded on video? If _______________________
not, give reasons. _______________________
_______________________
_______________________
3. Whether the video of the reading out of Yes / No
the proclamation is attached with the _______________________
form? If not, give reasons. _______________________
_______________________
_______________________
4. Whether the house or homestead in Yes / No
which the person resides could be _______________________
identified? If not, give reasons. _______________________
______________________
_______________________
5 Whether the house or homestead in Yes / No
which the person resides was _______________________
photographed? If not, give reasons. _______________________
_______________________
_______________________
6 Whether the photograph of the house or Yes / No
homestead in which the person resides, _______________________
is attached with this form? If not, give _______________________
reasons. _______________________
_______________________
7 Whether the proclamation was affixed to Yes / No
a conspicuous part of the house or _______________________
homestead in which the person resides? _______________________
If not, give reasons. _______________________
_______________________
8 Whether the proclamation affixed to a Yes / No

conspicuous part of the house or _______________________
homestead in which the person resides, _______________________
was photographed? If not, give reasons. _______________________

214
9 Whether the photograph of the Yes / No

proclamation affixed to a conspicuous _______________________
part of the house or homestead in which _______________________
the person resides, is attached with this _______________________
form? If not, give reasons. _______________________

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. NO.__________/2021

IN THE MATTER OF:

BHIM YADAV ……. PETITIONER

CASE LAW/AUTHORITIES COMPILATION

Sr. No. Judgment/Document Paragraph/ Page

Maintainability- A party can invoke the extraordinary jurisdiction of

1. H.K. Rawal and Ors. v. Nidhi Paras 15-19 1-7

Purpose of Section 82 proceedings- served- if the petitioner/accused

2. Veer Mahadev Singh Khalsa v. Cited in 9

Since the petitioner was represented through his counsel, it is not a

3. Sanjay Chaturvedi vs. State Para 8 8-11

An order under Section 82 of the Cr.P.C., declaring a person

4. Kunwar Mahendra Pratap Singh v. Para 10 12-19

5. Md. Rustum Alam vs. the State of Paras 26-27 20-29

6. Sunil Tyagi vs. Govt. of NCT of Paras 441- 30-214

Bharat Chugh, Sai Krishna and Roopali Mohan

Counsels for the Petitioner

I-5, Jangpura Extension, Delhi - 14 (India)

PH: +91-9582185888 Email: [email protected]

IN THE HIGH COURT OF ALLAHABAD

02-09-2021 (Page 1 of 7) www.manupatra.com Bharat Chugh

02-09-2021 (Page 2 of 7) www.manupatra.com Bharat Chugh

02-09-2021 (Page 3 of 7) www.manupatra.com Bharat Chugh

02-09-2021 (Page 4 of 7) www.manupatra.com Bharat Chugh

02-09-2021 (Page 5 of 7) www.manupatra.com Bharat Chugh

02-09-2021 (Page 6 of 7) www.manupatra.com Bharat Chugh

© Manupatra Information Solutions Pvt. Ltd.

02-09-2021 (Page 7 of 7) www.manupatra.com Bharat Chugh

Delhi High Court

Sanjay Chaturvedi … Petitioner;

The Judgment of the Court was delivered by

Crl. M.A. No. 10437/2006:

© EBC Publishing Pvt.Ltd., Lucknow.

Case :- U/S 482/378/407 No. - 2261 of 2021

Petitioner :- Kunwar Mahendra Pratap Singh

Hon'ble Mrs. Saroj Yadav,J.

of Criminal Procedure, 1973 (in short "Cr.P.C.)

has been filed by the petitioner to quash the

non-bailable warrant (in short "NBW") dated

08.06.2021 issued by the Chief Judicial

Magistrate, Ayodhya as well as the order dated

02.07.2021 issued under Section 82 Cr.P.C.

against the petitioner in Case Crime No. 107 of

2021, under Section 60-A, 60 of Excise Act and

Sections 302, 307, 120B, 419, 420, 467, 468,

471, 472 and 34 of the Indian Penal Code, 1860

(in short "I.P.C.", Police Station Gosaiganj,

District Ayodhya. A further prayer has been

made to direct the opposite parties no. 2 & 3

not to arrest the petitioner in pursuance of the

2. Heard Sri S.P. Singh Somvanshi, learned

counsel for the petitioner and Sri Vipul Gupta,

learned Additional Government Advocate

appearing on behalf of the State.

3. Learned counsel for the petitioner submitted

that the Chief Judicial Magistrate has no power

to issue NBW as well as proclamation under

Section 82 Cr.P.C. against the petitioner in a