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Vaibhav Agarwal (Professional)     24 March 2010

NO PROCLAIMED OFFENDER STATUS FOR ALL

Hi,

The criminal Law was amended may times, in 2005-06 it was amended and a Sub section (4) was inserted in the CrPc, stating that the accused could be given a status of a Proclaimed offender, whose proclamation would have been done as per 82(1), (2), (3), when an FIR is registered u/s as mentioned below. , namely:—

“(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence

punishable under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459

or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time

required by the proclamation, the court may, after making such inquiry as it thinks fit, pronounce him a proclaimed

offender and make a declaration to that effect.

(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the court under sub-section

(4) as they apply to the proclamation published under sub-section (1).”.  


Thus, it is evident that PO status cannot be given beyond the jurisdiction of the Law. PLease throw some light here.
 I was doing a research and going thru some media reports recently, Delhi has some 5,500 Proclaimed Offerender-POs alone. Rest about other states. THUS I ask, are they all illegal as they are termed to be petty offences like small thefts, hit and rn cases etc.

I need you all to throw some light on this please.

Thanks in Advance.



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