Mandatory proclamation safeguards under criminal procedure must include thirty clear days and proper publication before declaring a proclaimed offender.

Section 82 CrPC requires a written proclamation only after the court has reason to believe the person has absconded or is concealing himself, with a date fixed not less than thirty days from publication and publication carried out in the prescribed manner. These safeguards are mandatory because they protect the person's opportunity to appear. Where the proclamation was issued on 20.08.2014 for 23.08.2014 and the record did not show proper public reading or affixation, the statutory requirements were not met. The order declaring the petitioner a proclaimed offender was therefore illegal and was rightly set aside.

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Issues: Whether the order declaring the petitioner a proclaimed offender was sustainable when the proclamation did not grant the statutory period of thirty days and the prescribed mode of publication was not followed.

Analysis: Section 82 of the Code of Criminal Procedure requires the Court to have reason to believe that the person has absconded or is concealing himself, to publish a written proclamation fixing a date not less than thirty days from publication, and to ensure publication in the manner prescribed by law. The procedural safeguards are mandatory because they secure a fair opportunity to appear. The record showed that proclamation was issued on 20.08.2014 for 23.08.2014 and the petitioner was later declared a proclaimed offender on 25.09.2014. This did not satisfy the statutory requirement of thirty clear days. There was also nothing to show compliance with the prescribed methods of public reading and affixation.

Conclusion: The order declaring the petitioner a proclaimed offender was illegal and was rightly set aside.

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