Vijay Bhaskar (Law student) 30 October 2024
Dear Respected Sir,
May I please ask if Proclaimed offender is issued for criminal cases with punishment beyond 10 years. But we see Hon'ble Trial court in 498a case which has 3 years punishment deeming accused as Proclaimed offender (PO) under sec 82/83 when accused evades for a long time. May I please ask if 10 years punishment limit is merely a guideline and Hon'ble Trial court can exercise its own power to issue even for say 498a(3 years). Thanks in anticipation.
Regards
Vijay
T. Kalaiselvan, Advocate (Advocate) 30 October 2024
You have misread the provisions of law hence you may better peruse the provisions once again to understand them
Vijay Bhaskar (Law student) 30 October 2024
Sir, please may I ask where I am going wrong as it would help me to correct.
P. Venu (Advocate) 30 October 2024
What are the facts? Please post the complete facts.
Vijay Bhaskar (Law student) 30 October 2024
Sir, The accused is abroad for more than a decade in a false 498a case with Non Bailable warrant against him and is afraid that he would be deemed as proclaimed offender under Sec 82/83 by the Trial court.
P. Venu (Advocate) 30 October 2024
If a false case, he should get the proceedings quashed through the High Court or face the trial and face the issue on merits.
T. Kalaiselvan, Advocate (Advocate) 30 October 2024
A person accused of a serious offense under the Indian Penal Code (IPC), including Section 498A, can be declared a proclaimed offender if they fail to appear as required by the proclamation.
You may not misinterpret law to your convenience
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