(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).
Bharatiya Nagarik Suraksha Sanhita
Section 84
Proclamation for person absconding
⚡ Quick Answer Reference: Section 84 BNSS
- Provision: Section 84 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: This section allows a court to issue a public proclamation for a person who has absconded or is hiding, requiring them to appear at a specified time and place.
What does Section 84 of BNSS say?
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What does Section 84 of BNSS mean?
Plain English Explanation
This section allows a court to issue a public proclamation for a person who has absconded or is hiding, requiring them to appear at a specified time and place.
Practical Interpretation
In practice, this section is used when a person against whom a warrant has been issued cannot be found, and the court wants to give them a chance to surrender before declaring them a proclaimed offender.
Core Legal Purpose
The core purpose of this section is to provide a formal process for the court to notify a person who is evading the law, and to give them an opportunity to appear before the court before further action is taken.
- •The court must have reason to believe that the person against whom a warrant has been issued has absconded or is concealing themselves.
- •The proclamation must be published in a specific manner, including being publicly read and affixed to the person's residence and the court-house.
- •The key legal test is whether the person fails to appear at the specified place and time required by the proclamation.
- •A key exception is that the court may direct a copy of the proclamation to be published in a daily newspaper circulating in the place where the person ordinarily resides.
Practical Example of Section 84 BNSS
For example, if Rajesh is accused of a serious offence and a warrant is issued for his arrest, but he cannot be found, the court may issue a proclamation under this section. The proclamation would be publicly read and affixed to Rajesh's residence and the court-house, and he would be required to appear at a specified time and place. If Rajesh fails to appear, the court may declare him a proclaimed offender.
Frequently Asked Questions about Section 84 BNSS
Q: What is the consequence under Section 84 of BNSS if a person fails to appear?
If a person fails to appear at the specified place and time required by the proclamation, the court may declare them a proclaimed offender and make a declaration to that effect.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals against whom a warrant has been issued.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it does not classify an offence as bailable or cognizable.
Common Questions about Section 84 BNSS
What is Section 84 of BNSS?
Section 84 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Proclamation for person absconding". In plain terms: This section allows a court to issue a public proclamation for a person who has absconded or is hiding, requiring them to appear at a specified time and place.
What is the punishment under Section 84 of BNSS?
Section 84 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 84 of BNSS bailable or non-bailable?
Whether Section 84 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 84 of BNSS?
The essential elements of Section 84 of BNSS are: The court must have reason to believe that the person against whom a warrant has been issued has absconded or is concealing themselves.; The proclamation must be published in a specific manner, including being publicly read and affixed to the person's residence and the court-house.; The key legal test is whether the person fails to appear at the specified place and time required by the proclamation..
Landmark Judgments under Section 84 BNSS
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 84
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