Section 84 BNSS: Proclamation for Person Absconding
Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a Court to issue a written proclamation when a person against whom a warrant has been issued has absconded or is concealing himself so that the warrant cannot be executed. The section prescribes the minimum appearance period, mandatory publication methods and the circumstances in which a person may be declared a proclaimed offender.
Section 84 BNSS - Bare Act Text
84. 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 which is made punishable with imprisonment of ten years or more, or imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.
(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).
Meaning and Scope of Section 84 BNSS
Section 84 provides a judicial process for requiring the appearance of a person who cannot be arrested because the person has absconded or is concealing himself. A warrant must already have been issued by the Court, and the Court must have reason to believe that the warrant cannot be executed because of the person's absconding or concealment.
1. Preconditions for issuing a proclamation
A proclamation may be issued only after the Court has issued a warrant against the person and has reason to believe that the person has absconded or is concealing himself in a manner that prevents execution of the warrant. The Court may reach that belief whether or not it has first taken evidence.
2. Minimum 30-day appearance period
The written proclamation must require the person to appear at a specified place and specified time. That time cannot be earlier than thirty days from the date on which the proclamation is published.
3. Mandatory modes of publication
Section 84(2)(i) requires three publication steps: public reading in a conspicuous place in the town or village where the person ordinarily resides, affixing the proclamation to the house or homestead where the person ordinarily resides or another conspicuous place in that town or village, and affixing a copy to a conspicuous part of the Court-house.
4. Newspaper publication is discretionary
In addition to the mandatory publication methods, the Court may direct publication of the proclamation in a daily newspaper circulating in the place where the person ordinarily resides.
5. Court's written statement as conclusive evidence
Under Section 84(3), a written statement by the issuing Court that the proclamation was duly published on a specified day in the manner required by Section 84(2)(i) is conclusive evidence of compliance with those publication requirements and of the date of publication.
6. When a person may be declared a proclaimed offender
A proclamation does not automatically make every absconding person a proclaimed offender. Section 84(4) applies where the person is accused of an offence punishable with imprisonment of ten years or more, imprisonment for life or death under the Bharatiya Nyaya Sanhita, 2023 or another law in force. If the person then fails to appear at the specified place and time, the Court may, after making such inquiry as it thinks fit, pronounce the person a proclaimed offender and make a declaration to that effect.
Key Points
- A warrant must already have been issued before Section 84 can be invoked.
- The Court must have reason to believe that the person has absconded or is concealing himself so that the warrant cannot be executed.
- The proclamation must provide at least thirty days from publication for appearance.
- Public reading, local affixation and Court-house affixation are mandatory publication methods under Section 84(2)(i).
- Newspaper publication is optional and may be directed by the Court.
- A written statement by the Court regarding due publication is conclusive evidence for the purposes stated in Section 84(3).
- Only the category of cases specified in Section 84(4) permits a declaration as a proclaimed offender under that sub-section.
Consequence of Non-Appearance Under BNS Section 209
Section 209 of the Bharatiya Nyaya Sanhita, 2023 separately makes failure to appear at the specified place and time in response to a proclamation under Section 84(1) BNSS punishable. Where a declaration has been made under Section 84(4) pronouncing the person a proclaimed offender, Section 209 provides for a higher punishment.
Section 84 BNSS and the Earlier CrPC Provision
Section 84 BNSS substantially carries forward the proclamation procedure previously contained in Section 82 of the Code of Criminal Procedure, 1973, while the current statutory framework should be read with the related provisions of the BNSS and the Bharatiya Nyaya Sanhita, 2023.
Frequently Asked Questions
When can a Court issue a proclamation under Section 84 BNSS?
A Court may issue the proclamation when it has already issued a warrant and has reason to believe that the person concerned has absconded or is concealing himself so that the warrant cannot be executed.
How much time must be given to appear?
The specified appearance time must be not less than thirty days from the date of publication of the proclamation.
Is newspaper publication compulsory?
No. The publication methods in Section 84(2)(i) are mandatory, while publication in a daily newspaper under Section 84(2)(ii) is discretionary and may be directed by the Court if it thinks fit.
Does a proclamation automatically make a person a proclaimed offender?
No. A declaration as a proclaimed offender under Section 84(4) requires the statutory punishment threshold, failure to appear as required by the proclamation, and an inquiry by the Court.
Official Legal Sources
For the authoritative Act text and current official material, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code, the Ministry of Home Affairs - New Criminal Laws, and the Bharatiya Nyaya Sanhita, 2023 on India Code.