In Arun Kumar Parihar vs. State, Justice Anu Malhotra observed that a person accused of offences under section 406 (criminal breach of trust), section 420 (cheating) and 120B (criminal conspiracy) of the Indian Penal code cannot be declared proclaimed offender under section 82(4) of the code of criminal procedure, 1973.
The court said that in offences mentioned under section 82(4) like section 302, 304, 367, 364, 382, 392, 393,394,395, 396, 397, 398, 399, 400,402, 436, 449, 459, 460 of the Indian penal code, a person accused of the crime under the above-mentioned section can be declared proclaimed offender.
In the present case, the high court quashed the decision of the trial court to declare the person accused of section 406, 420 & 120B under FIR proclaimed offender. The high court based its decision on the reasoning that section 82(4) of the code of criminal procedure don’t include offences under section 406, 420 & 120B for declaring an accused person as proclaimed offender.
The court referred to the various judgements while deciding this case. The first case is Manoj Tandon vs Delhi in which the court observed that the person accused under section 406, 420 & 120 B cannot be declared a proclaimed offender.
Another case referred by the court is Sanjay Bhandari vs state. The court observed in this case that any person against whom a proclamation is declared cannot be declared as a proclaimed offender under section 82(4) of the code of criminal procedure unless the offence committed by him is mentioned under section 82(4) of the code of criminal procedure. If so declared then the consequences are against the intention of the legislature. The procedure laid down in section 82(4) of CRPC is followed for the person who committed a serious crime against society. The court held that the person accused under section not mentioned in section 82(4) of CRPC cannot be declared as a proclaimed offender.
SECTION 82 OF THE CODE OF CRIMINAL PROCEDURE, 1973
- When the court has the reason to believe that the person against whom the warrant is passed is concealing or absconding himself so that the warrant is not executed. The court published the proclamation against him to appear at the specified place at the specified time, within 30 days of such proclamation.
- The court can order to fix written proclamation at the conspicuous place or read at the conspicuous place of public or fixed at the conspicuous place in the court or the court can also direct to publish such proclamation in the newspaper.
- A statement was written by the court that the proclamation is published on the specified day and in the manner in clause 2.
- If the person is accused of offences like section 302, 304, 367, 364, 382, 392, 393,394,395, 396, 397, 398, 399, 400,402, 436, 449, 459, 460 of the Indian penal code. The court after the inquiry as it deems fit declares him proclaimed offender.