“Court Overturns FIR, Sets Strict Guidelines for Declaring Individuals as ‘Proclaimed Offenders’ Due to Procedural Lapses”
Judicial Procedure – Compliance with statutory requirements for declaring an individual as a “proclaimed person” or “proclaimed offender” – Importance of thorough documentation and adherence to procedural guidelines – Quashing of FIR and all consequential proceedings due to lack of compliance with statutory requirements. [Para 13-15]
Guidelines for Issuance of Proclamation – Deliberation on previous efforts to secure the individual’s presence – Requirements for publication of proclamation, including public reading, affixation at the individual’s residence, and court premises – Period of not less than thirty days between publication and appearance date – Publication in a daily newspaper if deemed necessary – Declaration as “proclaimed person” or “proclaimed offender” based on the nature of the offense – Exercise of discretion in invoking criminal liability under Section 174A of IPC, considering various factors – Formal written complaint for initiating criminal proceedings. [Para 19]
Guidelines for Issuance of Proclamation:
- Deliberation on previous efforts to secure the individual’s presence
- Requirements for publication of proclamation, including public reading, affixation at the individual’s residence, and court premises
- Period of not less than thirty days between publication and appearance date
- Publication in a daily newspaper if deemed necessary
- Declaration as “proclaimed person” or “proclaimed offender” based on the nature of the offense
- Exercise of discretion in invoking criminal liability under Section 174A of IPC, considering various factors
- Formal written complaint for initiating criminal proceedings. [Para 19]
Date of Decision: 23 August 2023
Pardeep Kumar vs State of Punjab and another
