Section
84 of BNSS 2023 lays down the procedure
for declaring a person accused of an offence, proclaimed offender. Procedure includes declaring absconding
accused as proclaimed person in 84(1) BNSS followed by proclaimed offender in 84(4) BNSS. Issue of proclamation as
earlier in Cr.P.C. is subject to issue of warrant.
As
usual if a proclaimed person/offender fails to appear before court or police,
his property can be attached under section 85 BNSS ( 83 Cr.P.C.).
Section 86 BNSS is newly added section which
does not existed in Cr.P.C. and provides as under:-
Section
86:- Identification and attachment of property of proclaimed person
“
The court may, on the written request from a police officer not below the rank
of Superintendent of Police or Commissioner of police , initiate the process of
requesting assistance from a court or an authority in the contracting State for identification,
attachment and forfeiture of property belonging to a proclaimed person in
accordance with the procedure provided in chapter VIII.”
Contracting
State has been defined in section 111(a) of BNSS which provides that “
Contracting State means any country or place outside Indian in respect of which
arrangements have been made by the Central Government with the Government of
such country through a treaty or otherwise”
Chapter
VIII of BNSS actually contain provisions for reciprocal arrangements with
respect to execution of arrest warrants, summons, production of prisoner,
attachment of property derived from proceeds of crime etc.
The
attachment of property under section 86 BNSS is different than the attachment
of property under section 85 BNSS, where the property is situated in India.
Section 86 BNSS will come into operation where there is possibility that
property of accused person may be outside the country in Contracting State.
Section
86 is supplementary to section 85BNSS and can be used only after following the
procedure of 84 BNSS. A written application is required to be submitted to
court by the Superintendent of Police or Commissioner of police for initiating
the process of section 86 BNSS.
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