Court Finds Procedural Lapses in Declaring Petitioner a Proclaimed Offender Under Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant ruling, the Punjab and Haryana High Court has set aside the proclamation order declaring Inderjeet Singh as a proclaimed offender. The judgment was delivered by Justice Neerja K. Kalson, emphasizing the necessity of strict adherence to procedural safeguards under the Bharatiya Nagarik Suraksha Sanhita, 2023, formerly known as the Cr.P.C.
Inderjeet Singh was declared a proclaimed offender by the Additional Sessions Judge in Ludhiana, following allegations of abscondance in a case registered under Sections 363/366-A of IPC and Section 12 of the POCSO Act. The case, rooted in a consensual relationship between Singh and Diljot Kaur, escalated when Kaur's father lodged a complaint leading to Singh's arrest. Despite Singh's subsequent marriage to Kaur and securing regular bail, procedural lapses occurred when the Additional Sessions Judge issued a proclamation without fulfilling mandatory prerequisites.
Justice Kalson highlighted the procedural errors in the proclamation process, noting the absence of recorded satisfaction of abscondance and the failure to issue summons or warrants before declaring Singh a proclaimed offender. The judgment underscored the importance of recording reasons for belief in abscondance and exhausting all procedural steps such as serving notices and affixing them at the accused's residence, which were overlooked in Singh's case.
The court cited previous rulings, including Major Singh @ Major v. State of Punjab and Sonu v. State of Haryana, reinforcing the principle that non-compliance with procedural mandates under Section 82 of the Bharatiya Nagarik Suraksha Sanhita renders such orders null and void. Justice Kalson emphasized that the purpose of proclamations and warrants is to secure the accused's presence in court, and Singh, having voluntarily come forward, should be allowed to do so without the burden of a faulty proclamation.
The court directed Singh to appear before the trial court within two weeks and apply for bail, ordering the trial court to expedite the bail application process. This decision not only vindicates Singh but also serves as a reminder of the judiciary's role in safeguarding procedural fairness and the right to a fair trial.
In a commendable observation, Justice Kalson praised the practice of optimum utilization of paper in judicial proceedings, urging courts to adopt measures that prevent resource wastage.
Bottom Line:
Issuance of proclamation under Section 82 of Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Cr.P.C.) requires mandatory compliance with procedural safeguards, including recording satisfaction of abscondance and exhaustion of prerequisites like service of summons or warrants. Non-compliance renders the proclamation and subsequent proceedings null and void.
Statutory provision(s): Sections 82 and 84 of Bharatiya Nagarik Suraksha Sanhita, 2023
Inderjeet Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2846360
