PROCLAIMED OFFENDER (PO)

Publication & Declaration of Proclaimed Offender (PO) and Related

Procedures

Who is a Proclaimed Offender?

If any Court has 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.
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. s.82 CrPC

What are the offences for which the Court may declare an absconder
to be a Proclaimed Offender?

The Court may pronounce an absconder as a proclaimed offender if he is

accused of any of the following offences 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),

• Murder; Culpable 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; 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
What is the language of the Proclamation?
PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON
ACCUSED Whereas complaint has been made before me that ______
(name, description and address) has committed (or is suspected to have
committed) the offence of _______ punishable under ______ section of the
Indian Penal Code, and it has been returned to a warrant of arrest
thereupon issued that the said ________ (name) cannot be found, and
whereas it has been shown to my satisfaction that the said ________
(name) has absconded (or is concealing himself to avoid the service of the
said warrant); Proclamation is hereby made that the said _______ of
________ is required to appear at ________ (place) before this Court (or
before me) to answer the said complaint on the ________ day of
_________ Dated, this _______ day of _______, 20___

(Seal of the Court) (Signature)

How is the Proclamation published?

The proclamation is published as follows:

• It is publicly read in some conspicuous place of the town or
village in which such person ordinarily resides >
• It is 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 >
• A copy of the proclamation is affixed to some conspicuous part
of the Court-house

Who can arrest a Proclaimed Offender?

The primary responsibility for securing the arrest of a proclaimed offender
rests with the police of the station in which he is a resident. A Proclaimed
Offender may, however, be arrested by any police officer without any order
from a Magistrate and without a warrant. Any private person may arrest a
PO and hand him over without unnecessary delay to a police officer/
nearest police station.

What is the punishment for non-appearance in response to the

proclamation under section 82 of the Code of Criminal Procedure?

• Whoever fails to appear at the specified place and the specified

time as required by a proclamation by the Court of the type described
above is punishable with imprisonment for a term which may extend
to 3 years or with fine or with both, and
• Where a declaration has been made by the Court pronouncing
him as a proclaimed offender, he shall be punished with
 imprisonment for a term which may extend to 7 years and shall also
be liable to fine. s. 174-A IPC
What are the duties of the Village Panchayat etc.?

Every member of the village panchayat, chowkidaar, numberdaar or 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 the resort to any place within or the passage through such
village 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 PO resides or has relatives or friends that he is
likely to visit, are informed about the same.

Can a Proclaimed Offender’s property be attached?

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. s. 83 CrPC

Is the harbouring of a PO punishable under law?

Yes, 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.

Is the name of the PO displayed?

A list is hung up in 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, but resident of or likely to visit the home
police station. The names of all such proclaimed offenders are also 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:

• Part I contains the names of all residents of the home district

irrespective of the districts in which proclaimed. The names shall be
entered according to the police station of which the proclaimed
offenders are resident.
• Part II contain the names of all offenders proclaimed in but not
resident of the district. These will be entered according to the district
of which they are said to be resident.
Are the lists of Proclaimed Offenders revised periodically?
The Superintendent of Police periodically revises the list of POs and the
names of persons accused of trivial offences or concerned in cases where
from lapse of time, no sufficient evidence is on record or is procurable, are
omitted after consultation with the District Magistrate and the SP of the
district in which such person was proclaimed. Whenever a PO 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 the register/list of POs. The
name is likewise struck off on receipt of intimation of the death of the
proclaimed person.