Proclaimed offender
Also called: Proclaimed person, Absconding accused
An absconding accused, charged with an offence punishable with ten years or more, life or death, whom the Court declares a proclaimed offender under Section 84(4) of the BNSS after he fails to answer a proclamation.
Explained
The status arises in two steps under Section 84 of the BNSS (earlier Section 82 of the CrPC). Where a Court has reason to believe that a person against whom it has issued a warrant has absconded or is concealing himself so that the warrant cannot be executed, it may publish a written proclamation requiring him to appear at a specified place and time not less than thirty days from publication. Any such person is a "proclaimed person". If the accusation is of an offence punishable with imprisonment of ten years or more, imprisonment for life or death, and he fails to appear, the Court may under Section 84(4), after such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.
The CrPC tied Section 82(4) to a list of IPC sections such as 302, 304 and 392 to 400. The BNSS replaces that list with the punishment test. Section 34(2)(ii) of the BNSS also includes a person proclaimed as an offender by a Court or authority in a territory to which the Sanhita does not extend, for an act that would attract such punishment here.
Consequences are significant. Property may be attached under Section 85, and Section 86 allows the Court to seek assistance from a contracting State to identify and attach property of a proclaimed person. Section 209 of the BNS punishes non-appearance in response to a proclamation with up to three years, rising to seven years with fine where a declaration under Section 84(4) has been made. Section 356 of the BNSS, which has no counterpart in the CrPC, permits trial and judgment in absentia of a proclaimed offender who has absconded to evade trial, but only after ninety days from framing of charge and after two consecutive warrants at least thirty days apart, newspaper publication, notice to a relative and display at the police station. A State advocate must be provided if he is unrepresented.
Examiners test the distinction between a proclaimed person and a proclaimed offender, the thirty day minimum, the ninety day bar in Section 356 and the two tier punishment in Section 209 of the BNS.
What the law says
(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).
Proclamation and declaration as proclaimed offender
Earlier law: CRPC 82. Proclamation for person absconding.
(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 Sanhita does not extend, in respect of any act which if committed in the territories to which this Sanhita extends, would be an offence punishable under any of the offence punishable with imprisonment for ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023;
(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 34(2)(ii): extended meaning of proclaimed offender
Earlier law: CRPC 40. Duty of officers employed in connection with the affairs of a village to make certain report.
(1) The Court issuing a proclamation under section 84 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
Attachment of property of person absconding
Earlier law: CRPC 83. Attachment of property of person absconding.
(1) Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgment:
Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the date of framing of the charge.
(2) The Court shall ensure that the following procedure has been complied with before proceeding under sub-section (1), namely: —
Inquiry, trial or judgment in absentia of proclaimed offender
Earlier law: CRPC New Section
Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both, or with community service, 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.
Punishment for non-appearance in response to proclamation
Earlier law: IPC 174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.
Earlier law: Section 82, CrPC
For the exam
- Proclamation must give at least thirty days to appear (Section 84(1) BNSS).
- Declaration as proclaimed offender only for offences punishable with ten years or more, life or death (Section 84(4)).
- Section 209 BNS: three years for non-appearance; seven years and fine once declared a proclaimed offender.
- Trial in absentia under Section 356 BNSS cannot begin until ninety days after framing of charge.
- Section 356 is new; for an absconder the CrPC allowed only recording of evidence in absence (Section 299).
170 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Related terms
- Non-bailable offenceAn offence that is not shown as bailable in the First Schedule to the BNSS and is not made bailable by any other law. Bail in such a case rests in the court's discretion and is not a right.
- Warrant-caseA case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Section 2(1)(z) of the BNSS.
- ChargeThe formal written statement of the offence an accused is to be tried for, with particulars of time, place, person and manner, so that he knows exactly what case he must meet.
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
- Ex parteDone in the absence of the other party, or on the application of one party only. In civil procedure, a hearing or decree against a defendant who does not appear after due service.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.