The FIR in Arun Kumar Parihar vs State (Government of NCTD) (2021) was registered under sections 406 (criminal breach of trust), 420 (fraud), 120B (criminal association) of the Indian Penal Code, 1860. The Delhi High Court ruled that a person charged with offences under Sections 406, 420 and 120B of the Indian Penal Code cannot be declared a „declared offender“ under Section 82(4) of the Code of Criminal Procedure. The Delhi High Court set aside the decision of the Court of First Instance and held that the provisions of the Act on which the investigating authority had to rely did not fall within the scope of section 82 § 4 of the 1973 Penal Code and that, therefore, the applicant could not be declared an offender. The police station where the offender lives has the primary responsibility for arrest. However, any police officer can arrest a convicted criminal without a warrant or court order. Anyone can arrest a convicted criminal and hand him over without undue delay to the nearest police officer or police station. The Chief of Police regularly reviews the list of reported offenders and persons involved in these cases. If sufficient evidence is not registered or available, the names of POs will be removed after consultation with the district judge and SP of the district where that person was proclaimed. Each time an accused offender is arrested, a statement is sent to the police station and district where he resided to have his name removed from the list of surgeons. Similarly, the name of the receiving of the intimidation is eliminated upon the death of the proclaimed person. A proclaimed conviction procedure is a court procedure whereby the person is declared an offender and the police officers concerned are responsible for arresting the person named in the proceedings and bringing him before the court, and the name and contact details of the perpetrator of the proclaimed offence are published in the newspapers where he is declared a criminal.

The arrest is primarily the responsibility of the police officer at the station near the criminal`s home. On the other hand, a declared offender can be arrested by any police officer in any jurisdiction without a warrant or official confirmation from the magistrate. A declared offender can be arrested by anyone and safely turned over to the local police officer or a police station. The Commissioner of Police regularly checks the database of reported offenders and persons involved in the investigation. After consultation with the local authority and the superintendent of the district where such a person was pronounced, the names of declared offenders will be removed if sufficient evidence is documented or available. If an accused who violates the violation is arrested, a statement is made to the police office and district where he lived to remove his name from the list. Similarly, the name of the person who received threats after the death of the proclaimed person will be deleted. In summary, a declared offender is a person who does not appear in court, even after a warrant for his or her arrest. If a person does not appear on certain charges, he or she is the declared perpetrator. Therefore, the Code of Criminal Procedure briefly mentions all procedures and scenarios related to offenders and what to do if they flee. (3) If the person was in a government job at the time of reporting to the offender, they will be deported and, if not, they will not be able to apply for government employment at any level for their entire life – even if you are only declared perpetrators for one day.

If a person intends to commit one of the offences listed below and absconds, he or she may be designated as an offender under article 82 of the Code of Criminal Procedure. (6) If a proclamation made under subsection (1) relates to a person charged with an offence punishable under sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 499, 459 or 460 of the Indian Penal Code (45 of 1860) and that person fails to appear at the place and time specified in the proclamation, The court may, after such inquiry as it considers appropriate, declare him an offender and make a statement to that effect. Significance of the reported offender or consequence of a reported offender – The court may declare a fugitive offender to be an offender if he or she is charged with any of the following offences: Offences for which the fugitive is declared an offender by the court – If the reported offender does not appear in response to the proclamation order issued under Article 82 of the Code of Criminal Procedure, The following penalty is imposed – Article 82 of the Code of Criminal Procedure speaks of „declared author“ or „PO“. A declared offender is the person who escapes trial when the court declares the identified person to be a traditional offender and orders the relevant law enforcement authorities to arrest the person named in the proceedings and leave him or her under the watchful eye of the court. A Proclamation of Offender (PO) procedure is a court proceeding in which the person is declared an offender and the relevant police officers are responsible for arresting the person named in the proceedings and bringing him or her before the court. It is also ordered that the name and contact information of the convicted criminal be published in newspapers to declare him the perpetrator. This article was written by Udita Prakash, student at UPES, Dehradun. This article discusses reported offenders and regulations that deal with the escape of reported offenders. If a person is detained as a „proclaimed perpetrator“, any Indian citizen may make an arrest against the declared perpetrator. The passport of the declared offender is revoked and is not allowed to leave the country. If the defendants worked for the government during the period of illegal enactment, they would be banned.

If they were not, they would be prevented from working for the government at some level for the rest of their lives, even if they were a confessed offender for a single day. In summary, a declared offender is the person who does not appear in court even after the arrest warrant has been issued. There are certain crimes for which a person, if he or she does not appear, is designated as the declared perpetrator. Thus, each procedure and circumstance regarding reported offenders and the situation in which they may escape, briefly mentions what must be done in the CRPC. The declared perpetrator is a person who escapes the authorities and the law. Article 82 of the 1973 Code of Criminal Procedure provides: „If a court has reason to believe (after or without obtaining evidence) that a person against whom an arrest warrant has been issued by it has absconded or is hiding in such a way that such an arrest warrant cannot be executed, it may issue a written statement requesting it: at a specified place and at a specified time, not later than thirty days after the date of publication of this proclamation. Simply issuing a proclamation or labeling someone a „declared offender“ can have serious legal consequences in the area of criminal culpability. Sections 82 to 86 deal with situations where, following an arrest of an alleged offender, there are reasonable grounds to believe that the accused is absconding or otherwise hiding, thereby preventing the execution of the arrest warrant.

In such cases, the Court has jurisdiction to issue formal proclamations compelling such a person to appear before it. The court issues an arrest warrant at the request of the officer if the accused does not appear in court or absconds from the arresting officer. According to article 216 of the Criminal Code, anyone who knowingly harbours a declared offender in order to prevent his arrest may be punished in certain cases with imprisonment of up to 7 years. If a person commits the following crimes or offences and escapes, he or she may be declared a declared perpetrator under article 82 of the Code of Criminal Procedure. Justice Anu Malhotra referred to various precedents, primarily Sanjay Bhandari v. State. In the Sanjay Bhandari case, the single court of Judge Sanjeev Sachdeva had held that the finding under article 82, paragraph 4, could only be made in respect of the offences referred to in that article. The Delhi High Court quashed the order to declare a declared offender on the grounds that the offences did not fall within the scope of section 82 (4).

Article 83 of the Code of Criminal Procedure provides for the seizure of the property of the declared offender in order to compel him to appear before the court. On 14.06.2016, a special court declared Shri Vijay Mallaya an offender by a special court at the request of the Directorate of Enforcement in connection with its money laundering investigation against him for alleged lack of bank credit under Article 82 of the Code of Criminal Procedure. But before resorting to this mode, the Directorate exhausted virtually all legal remedies, including the request for an Interpol arrest warrant and the confiscation of his passport. The Directorate also has the possibility to bring an action for seizure of the fugitive`s property under article 83 of the Code of Criminal Procedure. The police station where the arrester is located is primarily responsible. However, a convicted offender can be arrested by any police officer without a warrant or a judge`s order.