2012 (10) TMI 1243 - HC - Indian Laws

Summary

Issues Involved:
1. Interpretation and applicability of Section 82(4) Cr.P.C.
2. Distinction between "proclaimed person" and "proclaimed offender".
3. Legal consequences and liabilities of being declared a proclaimed offender.

Summary:
Interpretation and Applicability of Section 82(4) Cr.P.C.:
The primary issue in the present case is the interpretation and applicability of Section 82(4) Cr.P.C. The petitioner challenged the order declaring him a proclaimed offender on the grounds that the offenses he was accused of did not fall under the list specified in Section 82(4) Cr.P.C. The court clarified that Section 82(4) Cr.P.C. should not be read in isolation but in conjunction with other provisions of Cr.P.C. and IPC, including Section 174A IPC. The court emphasized that the intention of the legislature was to provide stringent punishment for non-appearance pursuant to a proclamation, and the provisions of Section 82(4) Cr.P.C. should be harmoniously construed with Section 174A IPC to avoid rendering any provision otiose or redundant.

Distinction between "Proclaimed Person" and "Proclaimed Offender":
The court addressed the distinction between a "proclaimed person" under Section 82(1) Cr.P.C. and a "proclaimed offender" under Section 82(4) Cr.P.C. It clarified that the distinction is primarily in the context of the mode of declaration and the additional requirement of a formal inquiry for offenses specified in Section 82(4) Cr.P.C. The court held that the nomenclature of being a "proclaimed person" or a "proclaimed offender" does not diminish the rigour of Section 174A IPC, which prescribes stringent punishment for non-appearance in response to a proclamation.

Legal Consequences and Liabilities:
The court detailed the legal consequences and liabilities attached to being declared a proclaimed offender, including the ability of police officers to arrest without a warrant, the attachment of property, and the requirement for public and village officers to report the whereabouts of proclaimed offenders. The court also highlighted that the declaration of a proclaimed offender ceases to be operative once the person is arrested or appears before the court.

In conclusion, the court held that the provisions of Section 82(4) Cr.P.C. do not provide immunity to absconders of offenses not listed under it from being declared proclaimed offenders. The petition was dismissed as the petitioner failed to establish any statutory violation of the provisions of Section 82 Cr.P.C.