TaxTMI 
TaxTMI 
2021 (6) TMI 1194
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....process of administration of justice occasions the evolution of new dimensions of the justice. J.S. Verma, J., in his Article "New Dimensions of Justice", (1997) 3 SCC J-3 observed that: " ... Justice is the ideal to be achieved by Law. Justice is the goal of law. Law is a set of general rules applied in the administration of justice. Justice is in a cause on application of law to a particular case. Jurisprudence is the philosophy of law. Jurisprudence and Law have ultimately to be tested on the anvil of administration of justice. 'Law as it is', may fall short of 'Law as it ought to be' for doing complete justice in a cause. The gap between the two may be described as the field covered by Morality. There is no doubt that the development of the law is influenced by morals. The infusion of morality for reshaping the law is influenced by the principles of Equity and Natural Justice, as effective agencies of growth. The ideal State is when the rules of law satisfy the requirements of justice and the gap between the two is bridged. It is this attempt to bridge the gap which occasions the development of New Jurisprudence. The existence of some gap betwe....
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....Rathi submitted his research papers along with the draft of the suggested guidelines. As the matter progressed, Mr. Rathi submitted his first report which was considered by Delhi Police as well as CBI and after thorough deliberations, he submitted his Final Report before this Court. Mr. Rathi in his report has dealt with the provisions relating to the declaration of a Proclaimed Offender at the stage of investigation as well as trial and post conviction. Mr. Surinder S. Rathi has also shared a Research Paper titled 'Unified Criminal Justice System (UCJS)'. UCJS aims at achieving a unified digitization of criminal investigation system right from the stage of registration of FIR and investigation till up to trial and appeal along with seamless exchange of data between duty holders including Police, Judiciary, Prisons, Prosecution, Forensics, Legal Services and others, at all stages. 5. Mr. Dayan Krishnan, Mr. N. Hariharan, Mr. Vikas Pahwa, Mr. Rajshekhar Rao, Senior Advocates; Mr. Surinder S. Rathi, OSD- cum-Registrar, Delhi High Court; Mr. Rajiv K. Garg, Advocate and Prof. (Dr.) G.S. Bajpai, Vice Chancellor, Rajiv Gandhi National Law University, Patiala (former Professor ....
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.... the State to make all reasonable efforts to arrest him and attach his properties as well as launch prosecution under Section 174A IPC. 10. This Court considers it necessary to issue directions in this regard in exercise of inherent powers under Section 482 CrPC read with Section 483 CrPC and Article 227 of the Constitution. Section 482 of the Code of Criminal Procedure empowers this Court to make such orders as may be necessary to secure the ends of justice in exercise of the inherent powers. Section 483 of the Code of Criminal Procedure, 1973 casts a duty upon every High Court to exercise its continuous superintendence over the Trial Courts to ensure that there is an expeditious and proper disposal of cases. Article 227 of the Constitution also confers on this Court the power of superintendence over all subordinate courts in relation to which it exercises jurisdiction. The paramount consideration behind vesting such wide power of superintendence in this Court is to keep the path of justice clear of obstructions which might impede it. It is the salutary duty of this Court to prevent the abuse of the process, miscarriage of justice and to correct the irregularities in the judici....
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....sfied that any person against whom a warrant has been issued by it, has absconded or is concealing himself so that such warrant cannot be executed, then the Court can issue a proclamation against such person and the said proclamation needs to be duly published in some conspicuous part of (a) the town or village where such person ordinarily resides, (b) house or homestead in which such person ordinarily resides or to some conspicuous part of such town or village, and (c) of the Court-house. Additionally, if the Court seems fit, a copy of the proclamation shall be published in a daily newspaper circulating in the place in which such person ordinarily resides. 17. For issuance of a proclamation under Section 82 of the Code, it is necessary that the Court has to be satisfied on the basis of material that a person despite having knowledge of proceeding is avoiding the process issued. The Madras High Court in Nachi Exports v. Thiruvengadam & Sons, 2008 CrLJ (NOC) 278 (Mad.) held that the concerned Court should consider factors such as "the accused was well aware of the NBW of arrest, issued against him, and also regarding the efforts taken by the officer concerned for its execution, a....
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....ed offenders and 193 absconders had been arrested in the past three years. As on 31st December, 2013, there were 1,540 cases between 2011 and 2013 where an offence under Section 174A IPC was invoked by the authorities 22. The legislature seeing the growing number of Proclaimed offenders inserted Section 174A IPC by way of Clause 44 of the CrPC. (Amendment) Act, 2005 (25 of 2005) which was brought into force w.e.f. 23rd June, 2006 vide Notification No. SO 923(E) dated 21st June, 2006, hoping that it would be a deterrent for persons fleeing from justice. However, merely making it a penal offence does not seem to have solved the problem in as much as the number of Proclaimed offenders, as is evident from statistics of Delhi, seem to have only increased post 2006 when the Section was brought into force. 23. Section 174A IPC penalizes the non-appearance of a person as required by a proclamation published under. In case of non- appearance consequent to a proclamation under Section 82(1) of the Code for a term up to three years/fine/both and in case of a declaration under Section 82(4) of the Code (in respect of offences under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 39....
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....ons or bailable warrants would be unlikely to have the desired result. This could be when: ● it is reasonable to believe that the person will not voluntarily appear in court; or ● the police authorities are unable to find the person to serve him with a summon; or ● it is considered that the person could harm someone if not placed into custody immediately. 54. As far as possible, if the court is of the opinion that a summon will suffice in getting the appearance of the accused in the court, the summon or the bailable warrants should be preferred. The warrants either bailable or non-bailable should never be issued without proper scrutiny of facts and complete application of mind, due to the extremely serious consequences and ramifications which ensue on issuance of warrants. The court must very carefully examine whether the criminal complaint or FIR has not been filed with an oblique motive." (Emphasis supplied) 25. In Raghuvansh Dewanchand Bhasin v. State of Maharashtra, (2012) 9 SCC 791, the Supreme Court issued the following guidelines: "28. However, before parting with the judgment, we feel that in order to prev....
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....he date fixed for the return of the warrant, the court must insist upon a compliance report on the action taken thereon by the Station House Officer of the police station concerned or the officer in charge of the agency concerned; 28.10. The report on such warrants must be clear, cogent and legible and duly forwarded by a superior police officer, so as to facilitate fixing of responsibility in case of misuse; 28.11. In the event of warrant for execution beyond jurisdiction of the court issuing it, procedure laid down in Sections 78 and 79 of the Code must be strictly and scrupulously followed; and 28.12. In the event of cancellation of the arrest warrant by the court, the order cancelling warrant shall be recorded in the case file and the register maintained. A copy thereof shall be sent to the authority concerned, requiring the process to be returned unexecuted forthwith. The date of receipt of the unexecuted warrant will be entered in the aforesaid registers. A copy of such order shall also be supplied to the accused." Format of the Register SI No. The number printed on the form used Cas title and particulars Name and Particul....
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....the accused/suspect is evading service. 35. No proclamation shall be issued by a Court qua an accused/suspect unless the Court records prima facie satisfaction to the effect that the accused/suspect has been duly served with a notice/warrant or is satisfied that the accused/suspect has absconded or is concealing himself so that such warrant cannot be executed. 36. No proclamation shall be issued by a Court qua accused/suspect merely on the ground that the accused/suspect is not available to the Investigating Officer or the concerned police official for the purpose of joining the investigation. Measures to Enhance the Efficiency and Accuracy in Execution of Warrants and/or Execution of Proclamations 37. The Investigating Officer or the SHO, shall ensure that they shall personally or through one of their Sub-ordinate official visit the address disclosed by the accused/suspect so as to check its correctness before or while seeking a warrant of arrest from the Court. 38. The Investigating Officer or the SHO shall record in the case diary the name of at least two respectable persons of the locality of accused/suspect with their contact details like addresses and telephone....
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....e of filing the chargesheet. 47. In proceedings under Sections 82/83 CrPC, the Investigating Officer should take the photographs of the place where he visited to serve summons/ warrants with the date and time. 48. The publication of the proclamation under Sections 82/83 CrPC in the newspaper should be mandatory of the newspaper agency and copy of that newspaper be sent by post to the address of the accused as is being done in Civil matters under Order 5 Rule 10 of CPC. The report of processes under Sections 82/83 CrPC should be made by SHO himself. The statement of the process server should be recorded by the Magistrate. Submissions of Mr. N. Hariharan, Senior Advocate as Amicus Curiae 49. The expression "Proclaimed Offender" includes any person proclaimed as an offender by any Court of authority in any territory in India to which this Code does not extend, in respect of any act which if committed in the territories to which this Code extends, would be an offence punishable under any of the Sections of the Indian Penal Code, namely, 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450 and 457 to 460 (both inclusive). 50. If any Court has a reason to be....
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.... in which such person was proclaimed. Whenever a proclaimed offender is arrested, intimation is sent to the police station and district of which he was a resident so that his name can be struck of the register/list of proclaimed offenders. 57. Every member of the village panchayat, chowkidar of the officer employed in connection with the affairs of the village and every person residing in the village must communicate to the nearest magistrate/police station of any person whom he knows or reasonably suspects to be a proclaimed offender. As soon as a police station receives intimation of the proclamation of a resident of its jurisdiction, the sarpanch and chowkidaar of the village where the proclaimed offender resides or has relatives or friends that he is likely to visit, are informed about the same. 58. Whoever knowingly harbours a proclaimed offender to prevent his apprehension is liable to be punished under Section 216 IPC with imprisonment upto 7 years in certain cases. The Court issuing a proclamation may order the attachment of any property belonging to the proclaimed person in order to compel his appearance before the Court under Section 83 CrPC. 59. The Court pronou....
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....t will give a time period of 30 days from the date of proclamation within which the person has to appear before the Court. The issuance of warrant is prerequisite for an order of proclamation. 64. Without having the authority to issue a warrant, a Court cannot issue any order of proclamation. These seemingly harsh measures are important as financial sanctions compel the person to come to the Court. 65. Before an order of proclamation is issued, the Court must ensure that it has the reasons for issuing such an order. An order of proclamation without sufficient cause would be illegal and therefore, any consequent action arising out of that order like attachment would be deemed illegal as well. Therefore, much turns on the fact that whether the Court is satisfied that the person has absconded or is concealing himself is justified or not. 66. The amendment to the CrPC in 2005 also brought in a few changes with regard to the order of proclamation. A new subsection (4) was added to Section 82 which mandated that when a person accused of an offence punishable by certain Sections, including Section 302, fails to appear within the specified time and place as given by the order of p....
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....nly reduce the burden on the present Process Servers but also ensure, that persons, who remain un-served for no fault of theirs, e.g. change of address or for some other reason (unintentional) are not declared proclaimed offenders. 73. The Process Server may be directed to file an affidavit disclosing the date, time and mode of service, the attempts made to serve and identify the accused. The affidavit should specifically reflect that due diligence was exercised in serving the process and service was not effected in a mechanical manner. 74. The filing of the affidavit would instil a sense of accountability in the process server and make them acknowledge the fact that in case they failed to exercise due diligence, they would be held responsible. It will act as a safety check to avoid the possibility of tempering with the process of service or influencing process server. 75. The affidavit of the process server should include the date, time and mode of service. If the accused could not be served, the attempts be made to identify and serve the accused. 76. Search on the popular social networking sites where people often list their name, location and other information would ....
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.... against the accused has complete authority to serve the summons upon the accused and the same can stall the whole criminal judicial system by not serving the accused on the first instance and the Criminal Courts take very casual view and grant various opportunities and later as a matter of regular process fail to look at the report of the service and the reasons thereof which is an important aspect of the criminal justice system. 86. It is relevant to point out that Section 65 CrPC provides for the procedure when service cannot be effected. However, the Criminal Courts do not take recourse to Section 65 CrPC which provides that in case service cannot be affected under Sections 62, 63 or 64 CrPC, the serving officer shall affix the summons on some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and the Court, after making such inquiries, may declare that the summons has been duly served or order fresh service in such manner as it considers proper by way of publication. 87. In the usual course, the summons is never served despite that Courts issue bailable warrants and direct the concerned officer to execute the same and upon the fai....
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....der may be pasted on the notice board of the offices of Self-Government bodies of the area where the person resides. 90. The copy of the order shall be affixed on some conspicuous part of the house or homestead in which such person ordinarily resides. 91. In case accused is not available despite making best efforts, the officer prepares a detailed report explaining efforts made by him including the number of visits, the persons contacted and the result of his enquiries. 92. The officer records statements of persons from whom enquires were made and such statements should make part of the case diary as well as part of the report to be submitted to the court. 93. The Court may consider the report of the officer and if required, record the statement of the officer for its satisfaction that despite sincere efforts, accused could not be arrested. 94. For its further satisfaction, the Court may order publication of proclamation in more than one daily newspapers circulated in the area of ordinary residence of the accused, his permanent residence and his working place. Visual media and modern technology can also be ordered to be used to enlarge the scope of such publication. ....
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....tside away from his residence. If a person comes to know about the issuance of a process against him or if he anticipates such a process and hides or quits the country, he is said to have absconded. It is settled legal proposition that when in order to evade the process of law a person is hiding from (or even in) his place of residence, he is said to abscond. A person is not said to abscond merely when he has gone to a distant place before the issuance of a warrant. Similarly, it is necessary that the person is hiding himself and it is not sufficient that the Police is unable to find him. 101. Normally, if a person fails to appear before the Court even after being served a summons, the Court issues a warrant of arrest. However, if the person absconds to avoid the arrest, the drastic step of proclamation for persons absconding needs to be taken, which is described in Section 82 CrPC. 102. If the Court has reason to believe that a person has absconded to avoid the execution of his arrest warrant, the Court may publish a written proclamation requiring such person to appear before it at the specified place and time. The date and time of appearance must not be less than thirty day....
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.... His absence or abscondance, post his entering appearance in the trial, is a circumstance which can be relied heavily against the accused. 108. If the Trial has crossed stage of framing of charges then a finding of existence of prima facie case is also available on record. Now there is a duly executed and sworn Bail bond coupled with a Surety bond to ensure regular appearance of the accused. 109. A new offence in the form of Section 229A IPC has been introduced in the Penal Code w.e.f. 23rd June, 2006 according to which failure by a person released on bail or bond has been made a penal offence. 110. This newly added offence is an addendum to Section 174A IPC. Rather when looked upon together the newly amended Penal Code provides that an offence stand committed not only for his non- appearance on publication of a proclamation but also for non- compliance of a Bail Bond furnished in a matter. Suggestions to be followed at the time of Arrest/Surrender in Court 111. The IO or the SHO shall ensure that they shall personally or through one of their Subordinate official visits the address disclosed by the accused so as to check its correctness before or after his arrest or ....
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....ll share names of at least three blood relatives with their details like address and contact numbers and the nature of relation preferably with documentary proof who can be specifically contacted in case of issuance of any coercive process against him. This would act as a safeguard to the accused as in many instances accused ends up being declared a Proclaimed offender despite not having any knowledge. (Agreed by CBI) 122. The arrests shall be made as per the amended updated arrest memo as specified in the Principal Research Paper at Page Nos. 44 to 45. (Agreed by CBI) 123. At the time of arrest or soon thereafter, it shall be mandatory for the accused to submit at least two of the following documents as per Criminal Manual 1980 of Bombay High Court, notification No.P.0805/2010 dated 29th July, 2010 :- (i) Passport (ii) Pan Card Copy (iii) Bank Passbook (iv) Credit card with photograph (v) Ration card (vi) Electricity bill (vii) Landline telephone bill (viii) Voter I.D. Card issued by the Election Commission of India (ix) Property Tax Register (Agreed by CBI & DP) 124. In case of grant of b....
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....dress proof. (Agreed by CBI & DP) 133. In complaint cases, accused shall furnish name, address, relation and other details of three of his relatives for future communications. However, service of summons to those addresses may not be treated as due service under Section 64 CrPC. (Agreed by CBI & DP) 134. Since in a private complaint no arrest memo is prepared, whether or not the Court is satisfied or bond is furnished at the time of bail, it be mandated that the address of the accused and surety be verified from the local police along with compliance of suggestions already given in the Principal Research Paper including obtaining permanent and workplace address and in case of tenanted premises, tenancy document. (Agreed by CBI) 135. Mandating Courts and Police to take on record photograph of the accused and surety along with surety bond. (Agreed by CBI & DP) 136. Courts to ensure that the surety furnished by the accused is either in blood relation or of a person who has effective control over the accused. (Agreed by CBI & DP) 137. In case the surety claimed to be employed at some place, verification of his address be done but verification of his employment be also ca....
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....at the factum of his/her arrest has been uploaded/updated in the modified UIDAI data management system. For arrestee who does not have an Aadhar Card or registration, it can be got prepared or done even post his arrest, in no time. Suggestions qua issuance of Warrants of Arrest at Investigation Stage 144. Investigating Officer may apply to a Magistrate for issuance of warrant of arrest where the offence is cognizable and non-bailable and proposed warrantee is evading his arrest. (Agreed by CBI) 145. While applying for warrant, the Investigating Officer must show the Magistrate his efforts made for arresting the proposed warrantee. (Agreed by CBI & DP) 146. Investigating Officer must show that the proposed warrantee is ordinarily residing at or was very recently residing at some address which is in the knowledge of the IO through any manner and that now the proposed warrantee is not available at that address due to his deliberate intention to avoid custody in the case in question. (Agreed by CBI & DP) 147. No warrant shall be issued against a proposed warrantee merely on the ground that he is not available for the IO/ Police officials for the purpose of joining him in....
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.... the District (DCP) ratifies in writing that there exists grounds of legally admissible and cogent evidence warranting the issuance of Proclamation against him. 159. No Proclamation shall be issued by a Court qua a suspect merely on the ground of suspicion how so ever strong. 160. No Proclamation shall be issued by a Court qua a suspect merely on the ground of naming of the suspect in the disclosure statement of co-accused or an input received from a secret informer. 161. No Proclamation shall be issued by a Court qua a suspect unless the Court records its prima facie satisfaction to the effect that it is satisfied with the admissibility and quality of the evidence. 162. No Proclamation shall be issued by a Court qua a suspect unless the Court records its prima facie satisfaction to the effect that the accused has been duly served with a notice/warrant or is satisfied that the suspect has absconded or is concealing himself so that such warrant cannot be executed. 163. No Proclamation shall be issued by a Court qua a suspect merely on the ground that the IO/ Police official has failed to apprehend/arrest or ascertain the whereabouts of the suspect. (Agreed by CBI) ....
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....e of trial in the corresponding manner. Suggestions qua issuance of Post-Conviction 171. The scenario of abscondance post trial stands on a totally different footing, as compared to abscondance during investigation or trial. In this category, the accused has not only crossed the stage of joining of investigation but he has also faced a full-fledged trial by a Court of Law and a finding of conviction against him stands recorded in the form of judgment of conviction. Hence as compared to the stages of "During Investigation" and "During Trial", an act of abscondance at this stage shall be treated as the most serious one. An act of abscondance at this juncture, tantamount to clear wilful abscondance and such an accused shall be dealt with strictly according to Section 174A IPC. (Agreed by CBI & DP). Suggestions qua General Requirements and Pre-conditions for issuance of Proclamations 172. There must be a report before the Magistrate that the person against whom the warrant was issued by him had absconded or had been concealing himself so that such warrant cannot be issued. An attachment warrant can be issued only after the issuance of proclamation. 173. The expression &#....
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.... is a necessary condition. 181. Simultaneous issue of both the processes, namely, warrant of arrest and proclamation is ex-facie contradictory, since it is only after the first that the second can be issued where the concerned person has absconded or is hiding. 182. A proclamation under Section 82 CrPC must mention the time within which and the place at which the absconder should present himself to save the sale of his property. An omission to mention the time and place would render the proclamation a nullity. The proclamation shall also be ineffective if a period lesser than that provided by the Section is mentioned. 183. The failure to comply with all the three modes of publication is to be considered invalid publication according to law as the three sub-clauses (a) to (c) are conjunctive and not disjunctive. 184. The most important part of the publication is the publishing of the proclamation in the accused's place of residence, and it is from the date of such publication that the 30 days should be counted. 185. An accused person against whom a proclamation has been issued must, until he has surrendered, be regarded as in contempt, and the Court will not enter....
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....idual, including children and infants; enables identification for every resident India; establishes Uniqueness of every individual on the basis of demographic and biometric information; it is a voluntary service that every resident can avail irrespective of present documentation; each individual will be given a single unique Aadhaar ID number; Aadhaar will provide a universal identity infrastructure which can be used by any identity-based application (like ration card, passport, etc.) and UIDAI will give Yes/No answers to any identity authentication queries. 192. The above features of Aadhaar Card are so dynamic in nature that they are absolutely foolproof and leaves no scope for a person to impersonate to escape the clutches of law. It is need of the hour that not only the federal investigators of criminal cases like National Investigation Agency (NIA) and Central Bureau Investigation(CBI) but also state police like Delhi Police should be allowed to have an unhindered access to the UIDAI data so as to correctly identify the suspect or an accused right from the stage of investigation. 193. The UIDAI data base shall be so enabled so that the criminal antecedent or any kind of ....
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....t phones. Once a person shares his mobile number with the investigating agency or the court during investigation or trial, apart from serving him the conventional mode of communication like summons, registered post etc. he can be served through new I.T. technology tool like Email, Facebook, Twitter, etc. For example, experience shows that in very many summons, processes issued by the Court a report is received that the accused did not meet or was not available or the house was found locked. In case, the mobile number of the accused is available with the police or the court not only the service of a notice/summon can be made through SMS service but even if some dasti service is to be effected, the accused can be forewarned to remain present at his house at a particular time, on scheduled date for service of processes. (Agreed by CBI & DP). Inclusion of all other particulars of information technology communication tools like Email I.Ds, Facebook accounts, LinkedIn account and Twitter handles etc. of the arrestee in the arrest memo 199. Another improvement which can be brought into the modified arrest memo is inclusion of particulars of other new age modes of communications name....
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....ther States and Nations. Having a state-wise data bank apart from a national data bank of such absconders/P.O. would help all stake holders in tracking such persons and bringing them to justice. Even otherwise, absondance is a public information and as per law, an absconder/P.O. can be arrested even by non-police general citizen. (Partly agreed by CBI) Mandatory registration of all property owners/landlords who let their residential/ commercial or industrial property on rent 204. Delhi being the national capital attracts thousands and lakhs of inbound settlers. Crimes committed by this floating population are alarmingly high. Also, the heightened national security scenario demands repeated notification of compulsory Tenant verification drives by Delhi Police. Another suggestion this Paper would like to put forth is compulsory Registration of all the Landlords and Tenants in the territory of Delhi with specific reference to Aadhaar Number. 205. This can be done in a simple online format and also through offline procedure. Some simple practice directions can be issued in this regard. This would, upon its linkage to Aadhaar data bank, rule out frequent incidents of abscondanc....
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.... as such can be requested to keep track of floating population in their catchment colony and update the local P.S. about it. They can be requested to keep a list of landlords who let their residential, commercial or industrial properties on rent apart from details of their tenants. (Agreed by CBI & DP). Mandating the collection of residential as well as work place details of all the accused 210. The antecedent verification of accused as done under Form-12 under Punjab Police Rules, shall include not only permanent residential address verification but also past work place address verification. Many a times, ex -employers have a clue about the employees past as well as their current whereabouts. (Agreed by CBI & DP). Suggestions for early apprehension of Proclaimed offenders/Proclaimed Persons 211. This is high time that names, addresses and pictures if any of Proclaimed offenders are made public on different governmental website i.e. NCRB, CBI, Delhi Police and other State Police. (CBI & DP agreed) 212. There is an urgent need to create a dedicated website which contains data of all the Proclaimed offenders and Proclaimed Persons/ Absconders of each State / Union Terr....
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.... Police Stations to display Names and Pictures of POs prominently so as to make public aware of such persons and also that public can help nabbing such POs. (DP agreed) 219. Creation of the 3D map of all the Police Stations areas in Delhi with licensed or open source Google maps type mapping with the help of National Informatics Centre (NIC)which will have a real time pop-up display of all the proclaimed offenders, convicts and other accused in a locality. The pop-up shall display the image, name, address and other details in mobile/tab/pad device or laptop or desktop for usage by Police, Intelligence agencies and Judiciary only. (DP agreed) 220. On the lines of PIN codes allotted by Postal Department to the entire length and breadth of our nation whereby a particular six-digit PIN Code identifies a fixed area, this methodology can be further used to award a Unique Address Code (UAC) whereby with the help of Postal Department and Municipal Corporations having the house records, pre-verified six-digit unique code for each address can be created. This code can be used by the police as well as by the Judiciary for cross checking of the address for verification purposes at the ti....
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....investigation / trial. 229. A prerequisite to usage of AI Tools in these fields was availability of structural digital database of all the cases. A Sub Committee was formed by the AI Committee of Supreme Court under Chairmanship of Hon'ble Mr. Justice DN Patel, Chief Justice, High Court of Delhi, with HMJ J.R. Midha, Judge, High Court of Delhi, HMJ Paresh Upadhyay, Judge, High Court of Gujarat, Justice Retd. K. Kannan as its Member and Sh. Surinder S. Rathi as its Convener. The eDAR Dashboard is developed in such a way that it seamlessly exchanges data with CCTNS of MHA, Vahan/Saarthi of MoRTH and IIBI of IRDA and would eventually be able to push eDAR to the Case Information System, CIS 3.2 of Judiciary. This networking will help instant verification of documents thereby saving thousands of man hours currently being utilised in verification of documents like DL / RC from other states. 230. Exchange of Data between Commercial Courts and Registrar of Companies: On a suggestion put forth by High Court of Delhi to the task force on Ease of Doing Business which is looking after enhancing the efficiency of Commercial Courts established under Commercial Courts Act, 2015, APIs we....
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....ffenders as in March 2010 which has now reached more than 28,000 in the year 2021. 235. The databases which can be interlinked with CCTNS of Police and CIS of judiciary include i) VAHAN, SARATHI of MoRTH, ii) Aadhaar, iii) Bank Accounts, iv) Land records, iv) Mobile Phone records, v) Passport, vi) Insurance, vii) Income Tax and like. 236. Creation of a dedicated Cell for Tracking and Arresting Proclaimed Offenders: Considering the fact that in the last around 10 years the number of POs in Delhi has swelled to double from 13,500 in 2010 to 28,000+ in 2021, there is a need to create a dedicated cell for digital tracking and arrest of these POs. Such cells in other States and UTs can exchange real-time data to contain these outlaws. This will help restore Law and Order and will bring down spiralling Crime. 237. Unified Criminal Justice System (UCJS) propounds a unified software environment which connects each and every duty holder under criminal justice system in a seamless manner alongside an AI- enabled intelligent data keeping. It has the potential of bringing a dynamic unison of each and every data produced and consumed by the different stakeholders of criminal justice syste....
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....ce Research and Development, identified two problems with respect to service of summons/warrants. Firstly, wrong/incomplete identification of the arrested persons. Bureau of Police Research and Development identifies the point of arrest of a person as the point at which the Criminal Justice System records the particulars of the person arrested. Secondly, Bureau of Police Research and Development identifies problems pertaining to insufficient manpower, failure to leverage advances in technology and failure to revamp police processes which lead to problems in service of summons/warrants despite having correctly identified the particulars of the accused. 240. A similar conclusion was reached by a research project undertaken by the Jharkhand Judicial Academy at the instance of the Ministry of Law and Justice. The project attempted to identify the root causes for the non-appearance of accused and posed the query to Judicial Officers, Superintendent of Police, Deputy Commissioner and Public Prosecutors. Several respondents pointed out that the non-appearance of the accused could be due to reasons of both a deliberate attempt to evade justice or by simple ignorance. Nevertheless, the r....
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....ils including the telephone and mobile phone numbers and email addresses of the accused. The investigating officer must also be required to collect information as regards the social media accounts of the accused, given that such accounts may also lead to information as regards the whereabouts of the accused. Such details may be collected in terms of the pro-forma attached with the submissions. 245. The abovementioned details of the accused must also be collected by the police/Court at the time of the grant of bail. Such details must be collected in addition to the requirements of Form No. 45 and in the manner stipulated in the pro-forma attached with the submissions. 246. The proceedings under Section 82(2) must be required to be photographed and video-graphed. Further, pursuant to any process under Section 82, the Process Server must be required to fill out the pro-forma and submit the same to the Court. 247. Another problem faced by the Amicus in the compilation of the report, which acted as a bar to a comprehensive study of the factors which encourage absconding are incomplete presentation of data relating to absconders and proclaimed offenders by the police. The Nat....
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....uring investigation; proforma of details to be furnished by the accused at the time of bail; and proforma of details regarding publication under Section 82. Submissions of Mr. Rajshekhar Rao, Senior Advocate as Amicus Curiae 253. Sections 82 and 83 CrPC secures presence of the person. Depending on the nature of the offence, the person absconding may be declared as a 'proclaimed person' or a 'proclaimed offender' under Section 82(2) CrPC. Courts also have the power to attach properties of a proclaimed person in order to secure appearance under Section 83(3) CrPC. 254. Unlike in case of a 'proclaimed person', powers of arrest have been given to various persons in case of a 'proclaimed offender'. Powers have also been given to officers employed in connection with affairs of a village to communicate to the nearest magistrate or fficer in charge of a police station, any information relating to a proclaimed offender under Section 40(1)(b) CrPC. Proclaimed offenders may also be arrested by private persons, or any person to whom a warrant is directed by the Chief Judicial Magistrate or the Magistrate of First Class or by a police officer without an ....
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....rrant of arrest has been issued and all efforts to execute the same have been made by the Police Officer 260. It is necessary that prior to issue of proclamation, a warrant as per the Second Schedule, Form No. 2 or Form No. 9 of the Code has already been issued. The warrant must be issued keeping in mind the guidelines framed by the Supreme Court in Raghuvansh Dewachand Bhasin v. State of Maharashtra (supra). 261. It is also essential that all possible efforts to execute the warrant of arrest were made by the police officials. The CrPC provides ample powers to police officers to execute arrest warrants. As per Section 77 CrPC, a warrant of arrest may be executed at any place in India. A warrant may also be executed outside the local jurisdiction of the court issuing the warrant. However, the Code does not provide any rules/guidelines to be followed by the police officers in course of execution of a warrant of arrest as have been provided for service of summons in Sections 62-69 CrPC. In the absence of such rules, guidelines were issued by the High Court of Madras wherein it was directed that in case a warrant cannot be executed within 30 days, (i) the officer concerned must f....
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....xpression 'reason to believe' occurring in Section 82 CrPC suggests that the Court must be subjectively satisfied and record its reasons for coming to the conclusion that the person has absconded or has concealed himself on the basis of evidence or even without taking evidence. Manner of publication of proclamation (issued under Section 82(1)) under Section 82(2) 264. As per Section 82(2), a proclamation may be published in two ways i.e., (i) publicly read, affixed to a conspicuous part of the house or homestead in which the person ordinarily resides or to a conspicuous part of the town or village or the court house and (ii) publication of the proclamation in a daily newspaper circulated in the area where the person ordinarily resides. However, (ii) above may only be resorted to if the court thinks fit and is not an alternative to (i) above, while (i) is mandatory. As such, in view of the serious repercussions that publication of a proclamation has on an individual, it is essential to ensure that a proclamation is published only in the manner provided in Section 82(2). Thus, the Court must apply its mind to see if the proclamation has been issued in compliance with Se....
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....nder Section 83 CrPC 268. The provisions of Sections 83 to 84 become applicable on the issuance of the proclamation under Section 82(1) and are not dependent on the declaration under Section 82(4). As such, even though 'proclaimed persons' who are not accused of offences stipulated under Section 82(4) cannot be declared as 'proclaimed offenders', their properties may be attached under Section 83. 269. Once a proclamation has been issued against a person under Section 82(1), his/her properties may be attached provided that the Court is satisfied either by affidavit or otherwise that the person is about to dispose of the whole or any part of his/her property or secondly that she/he is about to remove whole or part of the property from the local jurisdiction of the court. The Court must record its reasons in writing for ordering the attachment of any property under Section 83. Procedural irregularities 270. Even though it is essential to ensure that provisions of the Code are complied with in letter and spirit, in view of the changing structure of society, literal compliance of the provisions may defeat the purpose sought to be achieved. At the time the Code w....
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....n cases where summons are served outside the jurisdiction, in view of the grave consequences attached with execution of an arrest warrant, it may be helpful if police officers are directed to file such affidavits with regard to execution of warrants as well. Furthermore, ensuring that the Affidavits provide complete information as regards the steps taken by the officer and the underlying documentation would go a long way in ensuring accountability in this regard and would prevent accused persons from taking shelter under technicalities later. 274. While the purpose of a declaration under Section 82(4) is merely to secure the presence of the accused, given that serious consequences ensue upon such a declaration including, inter alia, the inability to seek anticipatory bail, the inability to enjoy one's property and the inability to move freely, it is imperative that these orders are passed strictly in accordance with the law and, more importantly, in compliance with its letter and spirit i.e., by due application mind to each case. Comments on the suggestions previously accepted by Delhi Police vis-à-vis fundamental rights of accused 275. As per the suggestions pr....
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....dress by post; by hand; mobile number; email address and by service on a family member/neighbor along with credible proof of the same. (ii) In the event warrant has been affixed on a conspicuous part of the house where the person ordinarily resides, town/village/ courthouse, the police officer must annex a picture showing that warrant has been affixed in such manner along with his affidavit. The picture must be taken in a manner that makes it clear to the Court that the warrant has in fact, been affixed at the said house; (iii) Reasons for inability of the police officer in securing presence of the person against whom warrant is issued; (iv) The Court must pass an order dealing with the contents of the Affidavit/Status Report and reasons given by the police officer for arriving at a conclusion that the person has 'absconded or is concealing' himself or reasons for inability of the officer in securing presence of the person. 279. Prior to publication under Section 82(2)(ii): the Police Officer may be mandatorily required to file an Affidavit disclosing: a picture showing that proclamation has been affixed in a conspicuous place of the house wher....
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....ded to Section 45 thereby expanding the definition of Proclaimed offender. This was the first instance when the list of Sections currently found in Section 82(4) found a place in the Code. The1898 Code retained Section 45 with respect to Proclaimed offenders in its amended form, which today is Section 40 CrPC, 1973. Summons, Warrants and their Compliances 287. Chapter VI of the CrPC titled as "Process to compel appearance" explains the procedure to secure the presence of persons before the Court in detail namely, either (a) summons or (b) warrants of arrest, may be issued by a Court to ensure a person is present before it. Although the Code does not provide for a distinction, in practice two kinds of warrants may be issued, (i) bailable warrants and (ii) non-bailable warrants. The Supreme Court in Inder Mohan Goswami v. State of Uttaranchal (supra) provided some guidelines on how this discretion vested with a court may be exercised. 288. If summons were sent to Y and he failed to comply without tendering any explanation, a warrant may be issued for his arrest. Section 87 CrPC. enables a warrant to be issued even where summons have not been sent. What happens when despite a....
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....suing an order which will obstruct such property from being delivered to the proclaimed offender or someone who might receive it on his behalf. The jurisprudence surrounding issuing of non-bailable warrants 292. The law for issuance of Warrants has been laid down in the Code of Criminal Procedure, 1973 under Chapter VI (Part b) from Sections 70 to 81. The issuance of non-bailable warrants involves interference with personal liberty. Arrest and imprisonment means deprivation of the most precious right of an individual. Therefore, the courts have to be extremely careful before issuing non-bailable warrants. Only when in the larger interest of the Public and the State it becomes absolutely imperative to curtail freedom of an individual for a certain period, should non-bailable warrants be issued. Just as liberty is precious for an individual so is the interest of the society in maintaining Law and Order. Both are extremely important for the survival of a civilized society. Sometimes in the larger interest of the Public and the State it becomes absolutely imperative to curtail freedom of an individual for a certain period. 293. In Geeta Sethi v. State, (2001) 91 DLT 47, it was....
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....cution of warrants 296. In Rohit Kumar @ Raju v. State of NCT Delhi, (2007) 98 DRJ 714 it has been observed as follows: "17. The sine qua non for an action under Section 82 is the prior issuance of warrant of arrest by the Court. There must be a report before the Magistrate that the person against whom the warrant was issued by him had absconded or had been concealing himself so that such warrant can be issued. An attachment warrant can be issued only after the issuance of proclamation. 18. The expression "reason to believe" occurring in Section 82 Cr. P.C. suggests that the Court must be subjectively satisfied that the person has absconded or has concealed himself on the materials before him. The term "absconded" is not to be understood as implying necessarily that a person leaves the place in which he is. Its etymological and its ordinary sense is to hide oneself. Further, under Section 82 Cr. P.C. the Court issuing proclamation must record its satisfaction that accused had "absconded" or "concealed himself." [19] The three clauses (a), (b), and (c) of sub- section (2) (i) of Section 82 Cr. P.C. are conjuctive and not disjunctive. The factum of valid....
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....;s appearance may issue an arrest warrant against the said person by penning down the reason behind the same, if: (i) The Court has a reason to believe that the person has absconded or would not abide by the summons before or after the issuance of summons, but before the date when the concerned person was required to present himself before the Court; or (ii) The person fails to present himself before the Court and the summons has been served duly on time and no reasonable excuse behind such failure has been given to the Court. 302. The Court that issues the proclamation might attach any movable or immovable property of such person under Section 83 CrPC when it has a reason to believe (by an affidavit or other evidence) that the person is making an attempt to: (i) dispose of the immovable property; or LH (ii) is going to transfer the immovable property either entirely or partially, to an area outside the local jurisdiction of the concerned Court. 303. The Court's order to attach the property would be authorized within the local jurisdiction. If the attached property is located in another area, then it would be authorized after being endo....
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....t accorded with, there is a prominent chance of making the entire process redundant. 305. This Court upon using its discretion may direct an accused, in case there is an apprehension that he may abscond, to file an affidavit giving requisite information like his permanent and current address along with the mobile number, Aadhar, PAN card details and the ward number where the income of the accused is assessed. This affidavit can be directed to be filed along with filling of Bail Bonds when the accused submits to the jurisdiction of the Trial Court. The Court has powers to conduct an inquiry to ascertain the detail of the assets from the Income Tax Department vide the PAN Card details given by the accused in the affidavit. This exercise ensures that the requisite information is available on record to take action against the accused for absconding or concealing himself to avoid the execution of warrants, by issuing proclamation for his appearance and if required attachment of property in accordance with Sections 82 and 83 CrPC. Conditions for grant of bail have to be just and reasonable 306. It is well settled law that while exercising jurisdiction under Sections 437/438/439 ....
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....itions if imposed and not capable of compliance, may amount to denial of bail and shall further amount to denial and deprivation of personal liberty, violating the constitutional rights of the accused guaranteed under Article 21 of the Constitution of India. Suggestions of Mr. Vikas Pahwa, Senior Advocate as Amicus Curiae At the stage of arrest 310. Section 81 CrPC lays down the procedure to be followed by the Magistrate when the accused is brought to the Court after a warrant had been issued against the accused. At this stage, the accused shall mandatorily be required to fill Form No. 3 of the Second Schedule of the CrPC. Further, changes be made in the abovementioned form by requiring the accused to furnish proof of his permanent and current address along with the details of Aadhar or any other Government ID and details of the PAN card with the Ward in which the income of the accused gets assessed. 311. The Police at the time of arrest should collect the following information from the accused: (i) Mandatory affixation of photograph of the arrestee on the arrest memo. (ii) Inclusion of all the mobiles and landlines connections of the arrestee in the a....
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....uiry to verify the correct address of the accused on which the process is required to be served. It will have to be certain that the address at which accused is to be served is true and complete (ii) The Accused who enters into the jurisdiction of the court after the cognisance is taken by the court: - In this case, the accused should be directed to furnish an affidavit giving his correct address, to ensure regular appearance along with an undertaking that he will provide any additional documents required by the court for the purpose of surveillance/monitoring in case the court apprehends that the accused might abscond during the trial. The apprehension of the accused absconding can be based on past conduct, case history and the peculiar facts & circumstances of the case. 316. The Affidavit furnished by the accused shall contain his occupation, current and permanent address and it must be required that the accused give an undertaking to disclose any change in address, failing which, it would be deemed that the address previously shared by the accused was good for the purpose of all legal compliances. 317. The affidavit shall also contain the Aadhar Card or any other ....
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....CBI Absconding Offenders 323. Para 11.49 of CBI Manual - If during the course of investigation of a case, sufficient evidence justifying the arrest of an accused is collected but the accused is found evading arrest, a warrant of arrest should be obtained immediately and the Investigating Officer should make all possible efforts to trace the whereabouts of the accused. The Supreme Court in State of Maharastra v. Dawood Ibrahim Kaskar, 1997(2) Crimes 92 (SC) held that a warrant of arrest can be issued by the Court against a person, who is accused of a non-bailable offence and is evading arrest. Enquiries should be made from his relatives, friends and other persons who are likely to be aware of his movements and they should all be warned against harboring him. For tracing the absconders, modern techniques like use of internet/ Facebook, twitter and other Social Media platforms etc. may also be resorted. Issue of Proclamation 324. Detailed instructions have been issued vide Policy Division Circular No. 10/2013 through letter No. 21/17/2012-PD dated 26th February, 2013 as regards action to be taken where the accused does not appear in response to the proclamation issued unde....
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....tion 299 CrPC. 329. In order to render evidence recorded under Section 299 CrPC admissible at future trial, it must be proved and put on record that the offender has absconded and that there is no immediate prospect of arresting him. 330. In cases where some of the accused are absconding and some are facing trial in the Court the evidence should first be produced to prove that these persons are absconding and that there was no immediate prospect of arresting them. The evidence of the witnesses should thereafter be recorded in the case against those present. Such evidence would be relevant against the absconders under Section 299 CrPC, according to which on the arrest of the absconding accused, the deposition of the witnesses recorded in his absence may be given in evidence against him if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay or inconvenience which, under the circumstances of the case would be unreasonable. The last ground can easily be cited where a large number of prosecution witnesses have been examined in the absence of the absconding accused. Publicity regarding Absconded Of....
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....made for their arrest, by forming special teams whenever necessary. The results of such enquiries and efforts to apprehend them should be mentioned in the Dossier Module or the register kept in the Branches. Instructions issued by the Policy Division and Fugitive Investigation Support Unit in this regard should be complied with meticulously. 336. Removal of Names from Dossier Sub-Module/Registers - Para 11.62 of CBI Manual - Head of Branch may remove the name of proclaimed offender/absconders from the register on the occurrence of any of the following contingencies: a) Arrest of the accused; b) Death of the proclaimed offender or expiry of 30 years from the date of proclamation; c) Any other good and sufficient reason, e.g., trifling nature of the case or lack of sufficient evidence for a successful prosecution or withdrawal of the case etc. 337. Special Drives - Para 5.7 of CBI Manual - In order to have demonstrative impact, extensive Special drives, preferably at least once every quarter, shall be organized to target the known corrupt departments, organizations and identified public servants so as to attack corruption both at the grass root and hi....
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....are giving sureties for. This important safeguard of taking sureties to prevent breach of bail conditions is not effectively exercised. Sufficient due diligence or verification of qualitative nature of sureties is not done in many instances. 342. Insufficient information on familial linkages and circle of close contacts - Apart from basic personal identifiers of the Proclaimed Offenders, it is essential to have sufficient details on familial linkages and circle of close contacts of Proclaimed Offenders. Such details allow for rapid collection of information on whereabouts of the Proclaimed Offender and to trace his possible movements and detect Proclaimed Offenders more easily. However, such details are not always systematically recorded when Proclaimed Offenders have earlier been in contact with the investigative agency or while attending court. This can lead to delays in tracing of Proclaimed Offenders. 343. Inadequate tracing of technical trails/ leads of Proclaimed Offenders - In the present ICT (Information and Communication Technology) environment there is need to identify digital footprints of Proclaimed Offenders with regard to use of social media, VoIP communication ....
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....claimed Offenders in international jurisdictions-When a Proclaimed Offender is suspected to have crossed over to an international jurisdiction, systematic efforts to trace the Proclaimed Offenders across international jurisdictions are not always launched by investigative agencies. Assistance of INTERPOL channels are not always taken by means of issue of suitable INTERPOL notice to alert foreign law enforcement agencies on the Proclaimed Offender and seek their assistance in tracing and tracking. Limited engagement of public assistance in tracing of Proclaimed Offenders 348. Measures are needed to be taken to give wide publicity regarding Proclaimed Offenders mainly by measures detailed in section 82(2) CrPC. 349. However, the scope to further leverage modern ICT platforms to give wide public access and publicity to details of Proclaimed Offenders are not sufficiently utilized in tracing P.Os. Seeking active public assistance in tracing and tracking of Proclaimed Offenders for crowd sourcing critical information in a user friendly and instantaneous manner using ICT platforms remains to be less explored. Continuous and systematic follow up of leads 350. In cases where....
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....) dated 22nd February, 2021 has issued detailed guidelines regarding issuance of LOCs for alerting all Immigration Check Points (ICP). Issue of Look Out Circulars in a timely manner can prevent escape of Proclaimed offenders to foreign jurisdictions. However, availability certain basic personal identifiers or passport number would be a pre requisite for issue of Look Out Circulars. Impounding or Revocation of Passport as per the Passports Act, 1967 section 10(3)(h): 357. Steps to be initiated for impounding or revocation of passport of the Proclaimed offender. In the absence of impounding or revocation of passports, the Proclaimed Offenders would be at liberty to travel freely in international jurisdictions. Taking expeditious steps in this regard can be key in curtailing scope for international movements of Proclaimed Offenders. Publicly Searchable Standardized National Search Database of Proclaimed Offenders 358. Availability of a publicly accessible database on Proclaimed Offenders which can be easily checked and searched by the general public can be very useful in eliciting public cooperation in receiving critical timely information on proclaimed offenders. The d....
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....xure B). The International Police Cooperation Unit of the CBI renders key assistance to Indian Law Enforcement Agencies in this regard through the International Police Cooperation Cell and National Central Bureau-New Delhi. Verification of Sureties at Time of Bail and Action in case of absconder. 365. At the time of grant of bail by the court of the accused, verification of the sureties is necessary being dire need to avoid any ingenuine surety. 366. This important safeguard of taking sureties to prevent breach of bail conditions needs to be effectively exercised. Sufficient due diligence or verification of qualitative nature of sureties may be necessary to ensure adherence to bail conditions. Necessary legal action also needs to be taken against sureties so as to prevent in- genuine sureties. Following Financial Trails of Proclaimed Offenders 367. With increase in reliance on electronic commerce, e-banking and payment gateways, it's become all the more important to identify financial trails of Proclaimed Offenders and the clues generated from such analysis of financial trails with close contacts can be critical in tracing of Proclaimed Offenders. The use of data....
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...., last known and other address(es) of the accused person/s. (v) Similar exercise is also required to be undertaken for the Sureties at the time, when bail is granted to the accused person/s or at the time of his/her release from the jail. (vi) The IO, in consultation with the concerned Public Prosecutor/Standing Counsel, must oppose the application for grant of bail to the Proclaimed offender or move an application for cancellation of the same, as the case may be, at initial stage, if the IO is not satisfied with the authenticity of the residential address of the accused. 371. Execution of Bond as per the Section 170(2) CrPC -Investigating Officer shall ensure that the accused executes a bond as per the provisions laid in Section 170(2) Cr. P.C. and ensure the appearance of the accused person/s before the concerned Magistrate. 372. Service of Notices/Summons via Instant messaging services i.e. WhatsApp, Telegram, Signal, E-Mail etc. - In its Judgment dated 10th July, 2020 in Suo moto W.P.(C) No.3/2020 in I.A. No.48461/2020 the Supreme Court of India has directed that service of notices, summons and exchange of pleadings/documents may be effected by e-mail, F....
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.... any person whom he knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender; (c) the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under Section 143, Section 144, Section 145, Section 147, or Section 148 of the Indian Penal Code (45 of 1860); (d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person; (e) the commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450, 457 to 460 (both inc....
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....that the proclamation was duly published on a specified day, in the manner specified in Clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. (4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 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, 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). Section 83 - Attachment of property of person absconding (1) The court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any prope....
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.... (1) If any claim is preferred to, or objection made to the attachment of, any property attached under Section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under Section 83, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part: Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative. (2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub- section (2) of Section 83, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made. (3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: Provided that, if it is preferred or made in the Cour....
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....of may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court. Section 299 - Record of evidence in absence of accused (1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try or commit for trial, such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable. (2) If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give eviden....
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....ial Public Personalities submitted to the Supreme Court of India in Virender Kumar Ohri v. Union of India, WP(C) NO. 341/2004, 03/2012 2.4 Causes for delay in the progress of Crl. cases in Trial Courts - Absence of some or all the accused or non-production of under trial prisoners at the stage of framing of charges and during trial. Earnest efforts are not being made by the Police in apprehending and producing the absconding accused. Execution of warrants has become the least priority for the police who have their own reasons - genuine as well as artificial. Where there are large number of accused, the delays on this Proclamation orders under section 82 of the Code of Criminal Procedure can be issued against any person for whose arrest the Magistrate had issued a warrant. The investigating officer has only to convince the Court that the warrantee is evading arrest and has gone into hiding and that the warrant could not be executed. Hence, the initiative has to be taken by the investigation officer. Once the proclamation orders are issued they should be immediately promulgated. Orders of attachment under section 83 of the Code of Criminal Procedure can also be issued simult....
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....g as six years for apprehending the two accused persons or to attach their properties. The Supreme Court directed the Home Secretary of UP to file the affidavit seeking the information mentioned in para 3. The affidavit filed disclosed that 51 convicts were absconding despite their conviction having attained finality. The Supreme Court was not satisfied with the mechanism to apprehend the Proclaimed Offenders. The Supreme Court noted that there was no effective mechanism/procedure for apprehending the Proclaimed Offenders. The Supreme Court further noted that there is no system to review the cases of Proclaimed Offenders at regular intervals or to make the concerned officer accountable for their failure or neglect to take further action by way of attachment of property or otherwise. The Supreme Court further noted that an effective supervisory mechanism is required to deal with the cases of Proclaimed Offenders. The Supreme Court directed the Chief Secretaries of States to constitute a State-level Supervisory Committee comprising of the Home Secretary, Law Secretary, Director General of Police and Secretary State Legal Services Authority to monitor and review the cases on six month....
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....s on to state that non-bailable warrants against the said convicts have been issued and action taken under Sections 82 and 83 of the Code of Criminal Procedure. 6. The particulars of the absconding convicts are also set out in Annexure A, annexed to the affidavit. The affidavit asserts that there is a mechanism in place for apprehending convicts whose convictions have attained finality and that in terms of the said mechanism which includes a monitoring cell comprising the District Judge, the District Magistrate, the Superintendent of Police and the Chief Judicial Magistrate and execution of warrants for apprehending such convicts is monitored on a regular basis. 7. When the matter came up before us on 3-1-2014, we examined [Lallan Singh v. State of U.P., 2014 SCC OnLine SC 1651, wherein it was directed: "1. Heard. The Secretary, Department of Home, State of Uttar Pradesh, presently at Lucknow, has filed an affidavit pursuant to our order dated 19-7-2013.2. Ms Shobha Dixit, learned Senior Counsel appearing for the respondent State, submits that although there is a mechanism in place for apprehending those who have been convicted for different offences but have not ....
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....trate, Superintendent of Police, Chief Judicial Magistrate concerned. Apart from the fact that the cell is rather loosely constituted, it does not appear to be proving effective. We say so because there is nothing on record to suggest that the cell meets on regular intervals to review cases where convicts have not been apprehended or makes the officers concerned accountable for their failure or neglect or takes further action in the matter whether by way of attachment of property or otherwise. 13. The situation in other States may be no different from what is prevalent in the State of Uttar Pradesh where a very large number of such convicts remain absconding just because the enforcement agency proves inadequate for the job. 14. It is in this backdrop that we propose to issue directions not because we intend to digress from the procedure that CrPC lays down but because the procedure so prescribed ought to be effectively enforced. A close monitoring of the working of the existing mechanism wherever it is in place is required for without such monitoring the process may steadily become wholly ineffective defeating the entire purpose underlying trial and conviction of ....
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....hen such Court can issue a proclamation against such a person. 384. When the Code was initially enacted, for the purpose of Section 40(1)(b) CrPC a 'Proclaimed Offender' was defined as including a person proclaimed as an offender by any Court to which the Code does not extend for commission of offences in the territories to which the Code extends which are punishable under Sections 302, 304, 382, 392-399, 402, 435, 436, 449, 450 and 457- 460 of IPC while Section 82 CrPC was limited to declaration of a 'Proclaimed Person'. 385. Section 82 CrPC was subsequently amended vide the Criminal Amendment Act 2005 w.e.f. 23rd June, 2006 to include sub-sections (4) and (5) which provide for declaration of a 'Proclaimed Offender'. As per Section 82(4) CrPC, a Proclaimed Person under Section 82(1) CrPC who fails to adhere to the proclamation and is also an accused of offences under Section 302, 304, 364, 367, 382, 392-399, 400, 402, 436, 449, 459- 460 of IPC may be declared as a 'Proclaimed Offender'. 386. The procedure for declaration of a 'Proclaimed Person' and a 'Proclaimed Offender' as stipulated in the Code of Criminal Procedure, com....
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....urt in committing robbery; committing dacoity/dacoity with murder; committing robbery/dacoity with attempt to cause death or grievous hurt; attempting to commit robbery/dacoity when armed with deadly weapon; preparing to commit or assembling to commit dacoity; or belonging to a gang of dacoits, (iv) Causing mischief by fire or explosive substance with intent to destroy house, etc. (v) Committing house-trespass in order to commit offence punishable with death; causing grievous hurt/death while committing lurking house-trespass or house-breaking; being member of group that causes grievous hurt/death while committing lurking house-trespass or house-breaking by night. 390. Pursuant to declaring a person a Proclaimed Person/Offender under Section 82 CrPC, the Court is empowered under Section 83 CrPC, to order attachment of the movable and/or immovable properties of the Proclaimed Person/Offender at any time after the issuance of the proclamation under Section 82 CrPC. 391. Sections 83 to 86 CrPC deal with attachment and the effects arising thereof. Section 83 CrPC empowers the Court to attach the property of any person concerned against whom a proclamation has be....
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.... of livestock or perishable goods, then the Court may grant an order directing the immediate sale of the property. The proceeds earned from such sale would be put to use in the way directed by the Court. 396. Restoration of Property - If the person whose property is attached, is apprehended to the Court or appears voluntarily before the Court within a period of two years from the date of attachment of property, the procedure will be as follows: (i) The accused presents himself/herself before the Court that issued the order of attachment of property or any Court which is superior to that Court. (ii) The accused did not intend to conceal themselves to avoid the execution of the warrant issued against them. (iii) The accused did not have knowledge of the issue of the order of proclamation so as to attend to their property. (iv) If the above is proved before the Court, then the property so attached is delivered back to the accused. In case the property is sold, then the net proceeds from the sale are granted to that accused. (v) Lastly, if the property is sold partly, then the net proceeds from the part sold and residue of the property is....
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....chowkidaar of the village where the Proclaimed Person/Offender resides or has relatives or friends that he is likely to visit, shall be informed about the same. 402. Whoever knowingly harbours a Proclaimed Offender to prevent his apprehension is liable to be punished under Section 216 IPC with imprisonment upto 7 years in certain cases. 403. Section 174A IPC was inserted by the Criminal Amendment Act of 2005, penalizes the non-appearance of a person as required by a proclamation published under Section 82 CrPC and provides the following punishment: (a) for a term up to three years/fine/both in case of non-appearance consequent to a proclamation under Section 82(1) CrPC; and (b) for a term upto seven years with fine in case of a declaration under Section 82(4) CrPC (in respect of offences under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the IPC. 404. Under Section 229A IPC, the failure of a person to appear before the Court released on bail or bond has been made a penal offence punishable with imprisonment, of either description, for a term which may extend to one year, or with fine, or with both. Section 229A....
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....ion of address(es) of the accused by the police at the stage of Summons/Warrants/Arrest/Surrender 414. Physical verification of address of accused - The Investigating Officer shall ensure the verification of the address of the accused before or after his arrest or while seeking his arrest warrants from the Court. 415. Ratification of address of accused by neighbours during verification - The Investigating Officer shall record in the case diary the name of at least two respectable persons of the locality of the accused with their contact details like addresses and telephone who ratify that the address of the accused mentioned in the arrest memo or the applications for seeking warrants of arrest of the accused is correct and complete and it belongs to the accused. 416. Ascertain permanent address or additional address of accused with verification - The Investigating Officer shall ascertain the additional addresses of the accused viz. the permanent or the native place address and if addresses are located in other States, the same shall be verified through a subordinate or by the local police of such address disclosed. 417. Append photograph of the dwelling unit of the accu....
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....etails of the head office of the employer of the accused - In case the accused is found to be working in a Government/Private employment, the address of the Head Office of his employer shall be obtained apart from requiring such Employer to share with the Police and Court in case there is a change of place of employment or termination or removal of accused from employment. 425. Documentary proof of workplace details along with photograph - The Investigating Officer shall obtain a documentary proof of the place of work of the accused and shall record it in the charge sheet as an address where due service can be effected. Photograph of such work place shall also be obtained. 426. Investigating Officer to collect the relevant details of the accused in terms of the format attached hereto as Annexure A - The Investigating Officer shall collect the relevant particulars relating to the complete residential/permanent address of the accused, contact details including telephone/mobile numbers and email addresses, social media accounts etc. The Investigating Officer shall fill up the performa attached hereto as Annexure A during the investigation. 427. Modification of arrest memos in....
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....l addresses other than those mentioned in complaint to the Court with address proof. 435. Accused to furnish name and address of three of his relatives - In complaint cases, accused shall furnish name, address, relation and other details of his three relatives for future communication. However, service of summons to those addresses may not be treated as due service under Section 64 CrPC. 436. Photograph and identity proof of the accused and surety -The photograph and the identity proof of the accused and surety to be affixed on the bail bond. 437. MLAT with Foreign Countries - In case any criminal complaint or in a case filed by Police, where the accused is alleged to be in a foreign country, the Court shall satisfy whether India has a Mutual Legal Assistance Treaty (MLAT) or any other similar Treaty with such country and summons shall be issued under the applicable formats/guidelines. Guidelines for conditions to be imposed at the time of granting bail 438. At the time of grant of bail, the Court shall direct the accused to (i) disclose the address where they ordinarily reside or any other address, (ii) share a copy of their Government ID proofs su....
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....rants had been issued and the reasons for inability to secure the presence of the accused before the Court. 445. Pre-requisites to the issuance of a proclamation - Prior to issuance of a proclamation under Section 82(1) CrPC, (i) The police officer may file an Affidavit/Status Report disclosing: (a) All available addresses and phone numbers/email addresses (if available) of the person against whom the warrant has been issued along with proof of the said addresses, phone numbers/email addresses and any other details available in the information sheet with underlying documents demonstrating the same; (b) particulars of proof of service of the arrest warrant at the said address (i) by post; (ii) by hand (iii)mobile number, (iv) email address (if any) and (v) service on a family member/neighbor along with credible proof of the same; (c) In the event warrant has been affixed on a conspicuous part of the house where the person ordinarily resides, town/village/ courthouse, the police officer must annex a picture showing that warrant has been affixed in such manner along with his affidavit. The picture must be taken in a manner that makes it clear to ....
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.... house or homestead and (iii) affixation at some conspicuous part of the court house are mandatory under Section 82(2) CrPC. The failure to comply with all the three modes of publication is to be considered invalid publication, according to law as the three sub-clauses (a) to (c) are conjunctive and not disjunctive. 452. Section 82 CrPC to be read as a whole - The three clauses (a), (b) and (c) of Section 82(2)(i) CrPC are conjunctive and not disjunctive. The factum of valid publication depends on the satisfaction of each of these clauses. Clause (ii) of sub-Section (2) is optional; it is not an alternative to clause (i). The latter clause is mandatory. 453. Photograph of the affixation of proclamation - Prior to the publication under Section 82(2)(i) CrPC, the police shall file an affidavit along with the photographs of the affixation of proclamation on the conspicuous part of the resident of the accused. The police officer shall fill and submit performa in the format of Annexure C before the court at the stage of seeking proclamation. 454. Upon publication of the proclamation under Sections 82/83 CrPC, copy of that newspaper be sent by the newspaper agency by post to the....
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....ion as a Proclaimed Person/Offender has now become a cognizable and non- bailable offence, it is imperative that the execution of Sections 82 and 83 CrPC is done by an officer not below the rank of Sub- Inspector. 460. Mandatory photography and video recording of Section 82/83 CrPC proceedings and attachment of the video file with the prosecution material - Another tool which can add credence to the proclamation/service proceedings is Photography as well as Videography of the proclamation/service proceeding. This would rule out instances where it is found that execution police official has prepared the publication report without actually visiting the house of the accused. A series of photos and a video of the house of the accused during publication of the proclamation, will rule out the instances where accusations are made that no visit was paid by the execution officer at the address of the accused. 461. RWAs to keep track of floating population in their localities - The civil society be involved in tracking the floating population of their locality. Schemes like Bhagidari can be utilized for this propose. Residential Welfare Associations/Market Associations can keep track o....
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....y of a publicly accessible database on Proclaimed Persons/Offenders which can be easily checked and searched by the general public can be very useful in eliciting public cooperation in receiving critical timely information on Proclaimed Persons/Offenders. The digital platform may have easy user-friendly online mechanism for public to give tip- offs or useful information on Proclaimed Persons/Offenders for assistance of law enforcement agencies. 466. Digital Police Portal - The "Digital Police Portal" launched by MHA in 2018 is connecting all CCTNS based services as well as different Apps for police are available on this single central portal. Details of Proclaimed Persons/Offenders are publicly accessible on this platform using the following link: http://www.digitalpolicecitizenservices.gov.in/centercitizen/login.ht m;jsessionid=19854D38557AF143920E52F31BD78129 467. The existing database may be made more easily accessible and provisions for public to give critical inputs or tip-offs using the digital platform may be considered. Further the database may be made available to Financial Intelligence Unit to develop suitable Red Flag Indicators to track financial transactions b....
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....ntly display the names and pictures of the Proclaimed Persons/Offenders - All the Police Stations shall prominently display the names and pictures of the Proclaimed Persons/Offenders to make public aware and report the matter to the police or arrest the Proclaimed Persons/Offenders. 472. Display a list of Proclaimed Persons and Offenders at a conspicuous in the police station - The SHO concerned shall ensure that a list of all Proclaimed Persons and Offenders who are absconding, in cases registered in their concerned police station is displayed on the notice board in the police station. 473. Use of Bharat Map of NIC to flag addressees of Proclaimed Persons and Offenders - Creation of the 3D map of all the Police Stations areas in Delhi with licensed or open source Google maps type mapping with the help of National Informatics Centre (NIC) which will have a real time pop-up display of all the Proclaimed Persons and Offenders, convicts and other accused in a locality. The pop-up shall display the image, name, address and other details in mobile/tab/pad device or laptop or desktop for usage by Police, Intelligence agencies and Judiciary only. 474. Assigning unique digital IDs....
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....k Points (ICP). Issue of Look Out Circulars in a timely manner can prevent escape of Proclaimed Persons/Offenders to foreign jurisdictions. 480. Impounding or Revocation of Passport as per The Passports Act, 1967 section 10(3)(h) - Steps should be initiated for impounding or revocation of passport of the Proclaimed Person/Offender. In the absence of impounding or revocation of passports, the Proclaimed Person/Offender would be at liberty to travel freely in international jurisdictions. Taking expeditious steps in this regard shall be a key step in curtailing scope for international movements of Proclaimed Person/Offender. 481. Restriction on issuing passports to those who are absconding - The Ministry of External Affairs shall not issue passport facilities to the absconding accused. The passport of such accused should be revoked under Sections 6 and 10 of the Passport Act, 1967. 482. Creation of a dedicated website containing particulars of all persons arrested or bailed in criminal offences - Our country is a world leader in software and hardware development. We can use the information technological tools by creating a database of all arrested criminals and also all those....
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.... are also furnished by the surety at the time of submitting Section 441 CrPC Surety Bond before the SHO / MM / Trial Court. There is a need to interlink the governmental / institutional databases with the help of Application Programme Interface (API) with CCTNS of Police and CIS of judiciary for instant verification of documents furnished in the course of investigation / trial. Such exercise has already been carried out and tested in at least three projects out of which one is eDAR National Dashboard. ● eDAR National Dashboard - Under the aegis of Artificial Intelligence Committee of Supreme Court, a decision was arrived at to use AI Tool SUPACE (Supreme Court Portal for Assistance in Court Efficiency) in various legal fields like criminal appeals, income tax matters, land acquisition cases, Negotiable Instruments Act complaints, and Motor Accident Claims. The eDAR Dashboard is developed in such a way that it seamlessly exchanges data with CCTNS of MHA, Vahan/Saarthi of MoRTH and IIBI of IRDA and would eventually be able to push eDAR to the Case Information System, CIS 3.2 of Judiciary. This networking will help instant verification of documents thereby saving thousa....
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....ng trial in the Court the evidence should first be produced to prove that these persons are absconding and that there was no immediate prospect of arresting them. The evidence of the witnesses should thereafter be recorded in the case against those present. Such evidence would be relevant against the absconders under section 299 CrPC, according to which on the arrest of the absconding accused, the deposition of the witnesses recorded in his absence may be given in evidence against him if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay or inconvenience which, under the circumstances of the case would be unreasonable. The last ground can easily be cited where a large number of prosecution witnesses have been examined in the absence of the absconding accused. Conclusion 491. The law with respect to the declaration of a person as a Proclaimed Person/Offender is well settled. This Court has laid down the Guidelines to be followed by the Courts before declaring a person as a Proclaimed Person/ Offender. The Courts shall consider the Guidelines before declaring a person as a Proclaimed Person/Offen....
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....number of cases in which the accused have been prosecuted under Section 174A and/or under Section 229A IPC, as applicable and number of cases in which evidence has been recorded in Section 299 CrPC. In the event of non-compliance, the Registrar General shall place the Report before the ACR Committee of the Judicial Officer. 497. As per the status report of Delhi Police, there were 26,532 Proclaimed Persons and 3,826 Proclaimed Offenders as on 31st September, 2019. This number is increasing day by day as no concrete steps have been taken to trace the Proclaimed Persons/Offenders; and to attach their assets and to prosecute them. There appears to be the tendency of the Court as well as the Police to close the matter after the person is declared as a Proclaimed Person/Offender and the file is consigned to Record Room. This is a serious lapse considering that the criminal law which sets into motion with the filing of an FIR, comes to an abrupt end which is against the most basic tenets of justice and causes an irreparable injury to the entire society including victims. 498. Delhi Police as well as CBI shall create a Special Cell for tracing out the Proclaimed Persons/Offenders; f....
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....t all the Guidelines are implemented in a phased manner within a period of eight months to one year. 503. The Committee shall also consider Unified Criminal Justice System, Research Paper filed by Mr. Surinder S. Rathi which contains valuable innovative suggestions for bringing in the much desired efficiency in the Criminal Justice System through intelligent digitization. 504. The Committee shall supervise the implementation of the Guidelines issued by this Court to be followed by Delhi Police as well as CBI. Delhi Police as well as CBI shall file the quarterly Status Report before the Committee giving the list of the Proclaimed Persons/Offenders, efforts made to trace out the Proclaimed Persons/Offenders, efforts made to trace and attach the movable and immovable properties of the Proclaimed Persons/Offenders and the prosecution under Sections 174A and 229A IPC. The first compliance report for the quarter 01st August, 2021 to 31st October, 2021 be filed by 15th November, 2021 and thereafter by 15th of each quarter. The same be considered by the Committee within four weeks thereafter. The Committee shall, after considering the compliance reports, issue fresh directions as may....
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....ns issued by this Court on 07th January, 2021. 507. This Court appreciates the valuable and effective assistance rendered by Mr. Surinder S. Rathi, OSD-cum- Registrar to Hon'ble Chief Justice of High Court of Delhi, Mr. Nikhil Goel, Standing Counsel for CBI, Ms. Nandita Rao, Additional Standing Counsel for GNCTD, Mr. Dayan Krishnan, Senior Advocate, Mr. N. Hariharan, Senior Advocate, Mr. Vikas Pahwa, Senior Advocate; Mr. Rajshekhar Rao, Senior Advocate, Dr. L.S. Chaudhary, Advocate, Mr. Rajiv K. Garg, Advocate, and Prof. (Dr.) G.S. Bajpai, Vice Chancellor, NLU Patiala and former Professor of Criminology and Criminal Justice, National Law University, Delhi, Mr. Akshay Chowdhary and Ms. Anjali Agrawal, Law Researchers attached to this Court. 508. These petitions are disposed of. It is clarified that these cases have already been decided on merits. 509. Copy of this judgment be sent to the District Judges who shall circulate it to all the concerned Courts. 510. Copy of this judgment be sent to Delhi Judicial Academy to sensitise the judges about these Guidelines. 511. Delhi Judicial Academy shall upload this judgment on their website (http://judicialacademy.nic.in) ....
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....etails to the officer in charge of _____ police station/Court. Date ............ DETAILS OF THE ACCUSED Name Complete Residential address Complete Permanent address Age Contact No.(s) Details of Family Member(s) and respective Contact No. (s) Occupational details DETAILS OF PROOF OF IDENTIFICATION/PLACE OF RESIDENCE Type of Document Details of Document Whether photocopy attached Driving Licence Yes / No Aadhaar Card Yes / No PAN Card Yes / No Voter ID Yes / No Passport Yes / No Ration Card Yes / No Bank Passbook Yes / No Telephone Bill Yes / No Electricity Bill Yes / No ELECTRONIC DETAILS OF THE ACCUSED E- mail ID Facebook ID and registered email ID Twitter ID and registered email ID LinkedIn ID and registered email ID WhatsApp Number Any other social media account and its relevant details ....