View Single Post
Old Friday, October 22, 2010
imran bakht imran bakht is offline
Senior Member
Medal of Appreciation: Awarded to appreciate member's contribution on forum. (Academic and professional achievements do not make you eligible for this medal) - Issue reason:
Join Date: Jul 2010
Location: Peshawar
Posts: 546
Thanks: 300
Thanked 538 Times in 309 Posts
imran bakht has a spectacular aura aboutimran bakht has a spectacular aura aboutimran bakht has a spectacular aura about
Default Proclaimed offender

Q: What procedure shall be adopted after a person is declared proclaimed offender?

Ans. When a criminal case is registered against a person, in-respect of cognizable offence, and he for the purpose of avoiding his lawful arrest gone into hiding, the

police officer who is conducting investigation would apply to the Illaqa Magistrate for a warrant of arrest under section (204) of the Cr.P.C against him. If in the

execution of said warrant of arrest the investigation officer did not find the accused, he would submit his report to this effect on the back of the warrant. Thereafter

the investigation officer would apply for warrant of proclamation under section (87) of Cr.P.C/ and he would execute the same in-accordance with law.

According to section (87) ofCr.P.C. "(I). If any Court is satisfied after taking evidence 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:-

(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; and

(c) a copy thereof shall be affixed to some conspicuous part of the Court-house.

(3) "A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive

evidence that the requirements of this section have been complied-with, and that the proclamation was published on such day. Thereafter the investigation officer

would apply to the court for order of attachment of the property of person absconding under section (88) of Cr.P.C. The investigation officer would carried-out the

remaining investigation in absentia of the person absconding and after of its completion he would forward challan against him under section (512) Cr.P.C to the

competent court of jurisdiction.

The court would first summon search witness (DFC), who has executed warrants under section (204) and (87), Cr.P.C, and would record his statement. If from the

statement of search witness the court finds that the accused has gone into hiding and avoided his lawful arrest and absconded, then the court would declare him

absconder and the court would commence the conduct of trial in his absentia.

The court would summon all the prosecution witnesses and record their statements. At the final stage of the Trial the Court would give an opportunity to the public

prosecutor to present arguments. After hearing of the arguments if the court finds that strong evidence and a prima facie case is available on record against the

absconding accused, the court would announce order against him/ declaring him proclaimed offender, and the court would issue a perpetual warrant against him,

and send the record to the police station concerned with the direction to arrest the (proclaimed offender) and to produce him before the court.

According to section (512) of Cr.P.C,

"(I). If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him/ the Court competent to try or send for trial to the

Court of Sessions or High Court such person for the offence complained-of may, in his absence, examine the witnesses (if any) produced on behalf of the

prosecution, and record their depositions. Any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for,

the offence with which he is charged, if the deponent is dead or incapable of giving evidence his attendance cannot be procured without an amount of delay,

expense or inconvenience which, under the circumstances of the case, would be unreasonable.

(2) Record of evidence when offender unknown:

If it appears that an offence punishable with death or imprisonment for life has been committed by some persons unknown, the High Court may direct that any

Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence. Any depositions so taken may be given

in evidence against any person who is subsequently accused of the offence, lf the deponent is dead or incapable of giving evidence or beyond the limits of

Reply With Quote
The Following User Says Thank You to imran bakht For This Useful Post:
Warraich (Sunday, January 06, 2013)