'Proclaimed Offender' Declaration Under Section 82(4) CrPC Cannot Be Made Against Person Accused Of Sections 406, 420 IPC : Delhi High Court
Live LawThe Delhi High Court has held that a person accused of offences under Section 406, 420 and 120B under the Indian Penal Code cannot be declared as a 'proclaimed offender' under Section 82 of the Code of Criminal Procedure.The Court held that such a declaration can be made only against persons accused of the offences specified. The Delhi High Court has held that a person accused of offences under Section 406, 420 and 120B under the Indian Penal Code cannot be declared as a 'proclaimed offender' under Section 82 of the Code of Criminal Procedure. Section 82 stipulates that a person, in respect of whom a proclamation has been published under section 82, if he fails to appear at the specified place and time required by the proclamation and if he is accused of offences mentioned in Section 82, the court may pronounce him as a proclaimed offender, after making such inquiry as it things fit. Sanjay Bhandari verdict further said: "The intention of the legislature cannot be that such adverse consequences would automatically get attracted to a person qua whom a proclamation has been published and is accused of offences of a less serious nature but for a person who is accused of serious offences enumerated in section 82, they would get attracted only after the safeguard stipulated in section 82 has been followed".
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