How to Declare Persons absconding from the Law as “Proclaimed Offender”(P.O.)

Published On - March 14, 2022

Adv V.K. Singh

The Hon’ble Delhi High Court in the matter of Sunil Tyagi vs Govt Of Nct Of Delhi & Anr

Made the following guidelines:-

  1. The law with respect to the declaration of a person as a Proclaimed Person/Offender is well settled. This Court has laid down the Guidelines to be followed by the Courts before declaring a person as a Proclaimed Person/ Offender. The Courts shall consider the Guidelines before declaring a person as a Proclaimed Person/Offender.
  2. The Court, after declaring the person as a Proclaimed Person/Offender, shall direct the Police to trace and identify the movable and immovable properties of the Proclaimed Person/Offender and file the status report with respect to the assets of the Proclaimed Person/Offender. The Court shall thereafter proceed to attach the movable and immovable properties of the Proclaimed Person/Offender in accordance with the law.
  3. After the declaration of a person as a Proclaimed Person/Offender, the Police is required to trace the Proclaimed Person/Offender and arrest him. This Court has laid down the Guidelines for early apprehension of the Proclaimed Persons/Offenders. The Court declaring a person as a Proclaimed Person/Offender shall direct the Police to take all necessary action for tracing the Proclaimed Person/Offender and file the Status Report with respect to the action taken by the Police.
  4. All the Courts below are directed not to close the matter after declaring a person as a Proclaimed Person/Offender. Rather, the Courts shall direct the police to file the Status Report with respect to the efforts made to trace the Proclaimed Persons/Offenders; efforts made to trace or attach their movable/ immovable assets/properties and their prosecution in accordance with law. The concerned Courts shall monitor the action taken by the Police and shall issue such fresh directions as may be considered necessary. The Court may, in appropriate cases, record the evidence of the witnesses under Section 299 CrPC.
  5. Although no time period is prescribed for prosecution of the Proclaimed Persons/Offender, this Court is of the view that the Proclaimed Offender be prosecuted under Section 174A IPC, if the Proclaimed Person/Offender does not surrender or is not traced out within a period of six months of being declared as a Proclaimed Person/Offender. If the accused has also violated the condition(s) of bail bond by non-appearance in Court, the accused be also prosecuted under Section 229A IPC.
  6. All the Courts below shall send a quarterly compliance Report to the Registrar General. The Compliance Report shall give the number of Proclaimed Persons/Offenders declared by the Court; number of cases in which Proclaimed Persons/Offenders have been traced/arrested; number of cases in which assets of Proclaimed Persons/Offenders have been attached; and number of cases in which the accused have been prosecuted under Section 174A and/or under Section 229A IPC, as applicable and number of cases in which Signature Not Verified Digitally Signed KARKI Signing Date:30.06.2021 18:28:47 evidence has been recorded in Section 299 CrPC. In the event of non-compliance, the Registrar General shall place the Report before the ACR Committee of the Judicial Officer.
  7. As per the status report of Delhi Police, there were 26,532 Proclaimed Persons and 3,826 Proclaimed Offenders as on 31st September, 2019. This number is increasing day by day as no concrete steps have been taken to trace the Proclaimed Persons/Offenders; and to attach their assets and to prosecute them. There appears to be the tendency of the Court as well as the Police to close the matter after the person is declared as a Proclaimed Person/Offender and the file is consigned to Record Room. This is a serious lapse considering that the criminal law which sets into motion with the filing of an FIR, comes to an abrupt end which is against the most basic tenets of justice and causes an irreparable injury to the entire society including victims.
  8. Delhi Police as well as CBI shall create a Special Cell for tracing out the Proclaimed Persons/Offenders; for attaching their movable/immovable properties and for their prosecution. Delhi Police as well as CBI are at liberty to have a consolidated Special Cell. This Special Cell be created within a period of four weeks.
  9. This Court is of the view that it would be appropriate and in the interest of justice to constitute a High-Powered Committee to supervise the implementation of Guidelines laid down by this Court relating to the Proclaimed Persons/Offenders. In view of the abovea Committee is hereby constituted comprising of the following members:

(i) Joint Secretary to be nominated by the Secretary, Ministry of Home Affairs.

(ii) Principal Secretary (Law), Department of Law, Justice & Legislative Affairs, Goverment of NCT Delhi.

(iii) Special Commissioner of Delhi Police to be nominated by Commissioner of Police.

(iv) Additional Director of CBI to be nominated by Director, CBI.

(v) Joint Director (CCTNS) to be nominated by Director General of Bureau of Police Research & Development (BPR&D).

(vi) Mr. Surinder S. Rathi, Officer of DHJS presently posted as Registrar and OSD to Hon‟ble the Chief Justice of Delhi High Court, as a Convenor.

(vii) Mr. Kanwal Jeet Arora, Officer of DHJS presently posted as Member Secretary, DSLSA.

(viii) Mr. Shashikant Sharma, HOD, Inter-operable Criminal Justice System (ICJS), NIC.

(ix) Mr. Nikhil Goel, Standing Counsel for CBI.

(x) Mr. Sanjay Lao, Standing Counsel for Delhi Police.

  1. The constitution of the Committee shall be appropriately notified by the Ministry of Home Affairs, Government of India within four weeks along with provisioning of necessary secretarial assistance.
  2. This Court has issued various guidelines for early apprehension of the Proclaimed Persons/Offenders. All the Guidelines are important and need to be implemented. However, if all the Guidelines cannot be implemented immediately, the same may be implemented in a phased manner under the supervision of the above Committee.
  3. The Committee shall convene the first meeting within four weeks and shall, after hearing the Delhi Police and CBI, decide which Guidelines can be implemented immediately. The Committee shall thereafter meet at least once a month for implementation of the remaining guidelines in a phased manner. The Committee shall ensure that all the Guidelines are implemented in a phased manner within a period of eight months to one year.
  4. The Committee shall also consider Unified Criminal Justice System, Research Paper filed by Mr. Surinder S. Rathi which contains valuable innovative suggestions for bringing in the much desired efficiency in the Criminal Justice System through intelligent digitization.
  5. The Committee shall supervise the implementation of the Guidelines issued by this Court to be followed by Delhi Police as well as CBI. Delhi Police as well as CBI shall file the quarterly Status Report before the Committee giving the list of the Proclaimed Persons/Offenders, efforts made to trace out the Proclaimed Persons/Offenders, efforts made to trace and attach the movable and immovable properties of the Proclaimed Persons/Offenders and the prosecution under Sections 174A and 229A IPC. The first compliance report for the quarter 01st August, 2021 to 31st October, 2021 be filed by 15th November, 2021 and thereafter by 15th of each quarter. The same be considered by the Committee within four weeks thereafter. The Committee shall, after considering the compliance reports, issue fresh directions as may be considered necessary to implement the Guidelines.
  6. In Hussain v. Union of India, (2017) 5 SCC 702, the Supreme Court noted that the trials were getting delayed on account of absconding of one or the other accused during the trial. The Supreme Court noted Section 339-B of the Code of Criminal Procedure, 1898 of Bangladesh which permitted trial in absentia. The Supreme Court recommended similar amendment of CrPC to reduce the delay due to the absconding of the accused during the trial. The Central Government shall consider the same within eight weeks. Relevant portion of the said judgment is reproduced hereunder:

―23. Another suggestion which cropped up during the hearing of the present case relates to remedying the situation of delay in trials on account of absconding of one or the other accused during the trial. In this regard our attention has been drawn to an amendment in the Code of Criminal Procedure, 1898 of Bangladesh by way of adding Section 339-B to the following effect:

―339-B. Trial in absentia.–(1) Where after the compliance with the requirements of Section 87 and Section 88, the Court has reason to believe that an accused person has absconded or concealing himself so that he cannot be arrested and produced for trial and there is no immediate prospect of arresting him, the Court taking cognizance of the offence complained of shall, by order published in at least two national daily Bengali Newspapers having wide circulation, direct such person to appear before it within such period as may be specified in the order, and if such person fails to comply with such direction, he shall be tried in his absence.

(2) Where in a case after the production or appearance of an accused before the Court or release on bail, the accused person absconds or fails to appear, the procedure as laid down in sub-section (1) shall not apply and the Court competent to try such person for the offence complained of shall, recording its decision so to do, try such person in his absence.‖

  1. It is for the authority concerned to take cognizance of the above amendment which may considerably reduce delay in cases where one or the other accused absconds during the trial.‖ (Emphasis supplied)
  2. This Court appreciates the exemplary work done by the Internal Committees of CBI as well as Delhi Police in terms of the directions issued by this Court on 07th January, 2021.
  3. These petitions are disposed of. It is clarified that these cases have already been decided on merits.
  4. Copy of this judgment be sent to the District Judges who shall circulate it to all the concerned Courts.
  5. Copy of this judgment be sent to Delhi Judicial Academy to sensitise the judges about these Guidelines.
  6. Delhi Judicial Academy shall upload this judgment on their website (http://judicialacademy.nic.in) as good practices of this Court.