Introduction of BNSS Section 84 / BNSS Section 84 : Proclamation for Absconding Persons .
BNSS Section 84, sometimes a person tries to avoid arrest by running away or hiding. BNSS Section 84 provides a legal method to deal with such situations. If the court believes that the person is not available to arrest because they are absconding, the court can issue a proclamation. This is a public announcement asking the person to come to court. If they don’t appear in the given time, the court can take stricter steps, including declaring them a proclaimed offender.
What is BNSS Section 84 ?
BNSS Section 84 talks about what a court can do when a person runs away or hides after a warrant is issued.
If the person cannot be arrested because they are avoiding the police, the court can publish a notice.
This notice is called a proclamation, and it asks the person to come to court within at least 30 days.
If the person does not come, the court can declare them a proclaimed offender.
BNSS Section of 84 in Simple Points
1. Absconding Belief by the Court
When a person runs away or hides after the court issues a warrant, it becomes very difficult for police to catch them. BNSS Section 84 allows the court to take further action even if the person is not found. The court doesn’t need to take full evidence before acting — just a strong belief is enough. This belief can come from the police report or other proof. The aim is to prevent the accused from escaping justice. It helps in continuing the case even if the person is trying to delay or avoid it. This is useful in serious crimes where time matters. The law supports the court in acting quickly and legally.
2. Issuing a Proclamation (Public Notice)
If the court thinks the accused is absconding, it can issue a written notice called a proclamation. This notice asks the person to appear at a specific place and time. The law says this time should be at least 30 days from the date of publication. It gives the person a fair chance to return and follow the legal process. This proclamation is the court’s official way of telling the person they are being searched. If they still don’t show up, the court can take stricter steps. This system keeps the process fair and transparent. It balances law enforcement with the rights of the accused.
3. Proclamation Must Be Widely Published
The law makes sure that the notice reaches the accused and the community. It must be read out loud in a public area like the market or main street of the village or town where the person lives. It must also be pasted on the person’s house and on the court building. This is done so everyone around knows about the proclamation. It becomes harder for the accused to hide. This also creates public awareness and pressure on the absconder. By using public places, the court ensures maximum visibility. The law leaves no space for excuses from the accused that they didn’t know.
4. Newspaper Publication (Optional Step)
Sometimes, the court may want to reach more people through wider media. For this, the law allows the court to publish the proclamation in a local newspaper. This is especially useful if the person lives in a busy area or travels often. A newspaper notice is an official step and cannot be ignored. It also serves as proof that the court tried every possible method to contact the absconder. It shows transparency in the legal process. This helps when the court later declares the person as a proclaimed offender. It is an optional step but used in important cases.
5. Declaring a Person as Proclaimed Offender
If the accused fails to appear even after 30 days of the proclamation, the court can take a big step. If the crime is serious (punishable with 10 years or more, life imprisonment, or death), the person can be declared a proclaimed offender. This is a legal title that has serious consequences. Once this is done, more actions like seizing their property can follow. This title makes the person a high-priority target for law enforcement. It also sends a message to society that the law will not tolerate those who run away from justice. It is a strong legal warning.
Section 84 of BNSS Overview
BNSS Section 84 allows a court to issue a public notice (proclamation) for a person who is hiding or absconding after a warrant has been issued. The court informs the public and gives the person at least 30 days to appear. If the person fails to appear and the case is serious (10 years+ punishment), the court can declare that person a “proclaimed offender”.
BNSS Section 84: 10 Key Points Detailed Explanation
1. Why is a proclamation issued?
Sometimes, when the police go to arrest a person (based on a warrant issued by the court), they find that the person is missing, hiding, or has run away. If the court believes that the person is doing this deliberately to avoid being caught, then the court can issue a public notice. This notice is called a proclamation, and it officially asks the person to appear in court. The purpose is to give the absconding person a fair chance to come forward.
2. Time period given to appear
The law clearly says that the person must be given at least 30 days from the date the proclamation is made public. This time is important because it ensures the person has enough opportunity to hear about the notice and make arrangements to come to court. The 30-day period is a legal requirement and cannot be reduced.
3. How will the public know about the proclamation?
To make sure that the proclamation reaches as many people as possible, the court must ensure it is publicly read out loud in a place where many people gather—like a market, village square, or town center. This increases the chances that the person, or someone who knows him, will hear the message and inform him. It also creates social awareness about the person being wanted by the court.
4. Proclamation must be posted physically
Besides reading it out loud, the court must make sure the proclamation is pasted or posted physically on places where it is easily visible. This includes:
- The person’s house or home compound,
- A public place in the area (like a bus stop or panchayat office),
- And a notice board in the court building.
This ensures that people from all sides—locals, friends, and family—know about the court’s order.
5. Publishing in newspapers
If the court thinks it’s needed, it can order the proclamation to be published in a local newspaper. This is useful when the person might be hiding in another city or when the village is large. Publishing in newspapers ensures that people who don’t live near the person’s house also get the news. It adds extra coverage to the court’s message.
6. Court’s statement as proof
To avoid future confusion or false claims, the court can write a statement saying that all the steps for publication were done properly and on a certain date. This written record is treated as final proof that the law was followed. No one can later argue that the proclamation wasn’t published or that the time was not given properly.
7. What if the person is accused of a serious crime?
If the absconding person is accused of a very serious crime (punishable by 10 years or more in jail, life imprisonment, or death), and still doesn’t appear after the 30 days, then the court can officially label him a “Proclaimed Offender.” This is a serious legal title and carries heavier consequences, such as property seizure or further police action.
8. Court will verify everything before declaring
Before making such a serious declaration, the court will double-check everything. It will look into whether:
- The proclamation was published correctly,
- The person had a fair chance to appear,
- And whether the person really ignored the court.
Only after this small inquiry, the court will declare someone as a proclaimed offender to make sure no one is wrongly targeted.
9. Same steps for declared offenders
Once a person is declared a proclaimed offender, the same process of public announcement must be followed again. The court must read it publicly, paste the notice on his house, and post it in court. This keeps things transparent and lawful, ensuring that even after the declaration, the person and public are fully informed.
10. What happens after being declared an offender?
If someone is declared a proclaimed offender, he can face strong actions like:
- Seizure of his property,
- Tougher punishments in future court trials,
- And difficulty getting bail or legal help.
The person’s name will also be noted in police and court records, which can impact their life permanently. So, appearing in court before this happens is always the better choice.
BNSS Section 84
Example 1:
Ravi is accused of a serious theft and a warrant is issued against him. But when police go to arrest him, they find that he has left town and is hiding. The court believes he is purposely avoiding arrest, so it issues a proclamation under BNSS 84, asking Ravi to appear in court within 30 days. If Ravi doesn’t come, he could be declared a proclaimed offender.
Example 2:
Anand is charged with a crime punishable by life imprisonment. A warrant is issued, but Anand is not found at home and no one knows where he is. The court publishes a proclamation in his village, at his house, in the court, and even in a newspaper. After 30 days, Anand does not appear. The court then declares Anand a proclaimed offender under BNSS Section 84 and further actions like property attachment are taken.
Section 84 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Court Belief in Absconding | If the court thinks someone is hiding or has run away after a warrant is issued, it can take action. |
| 2. Public Proclamation Process | The court publishes a written notice asking the person to appear in court within at least 30 days. |
| 3. Wide and Visible Announcement | The proclamation must be read in public and pasted at important places like the person’s home and the court. |
| 4. Newspaper Publication Option | The court may also choose to publish the notice in a local newspaper for wider reach. |
| 5. Declaring a Proclaimed Offender | If the person does not appear in court and the offence is serious, the court can declare them a “Proclaimed Offender”. |
BNSS Section 84 FAQs
BNSS 84
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