Arrest Warrant Issued or Declared a Proclaimed Offender? What It Means and What to Do Under the BNSS

Many people first learn that a criminal case has moved forward when the police arrive at their home with a warrant, or when a neighbour mentions that a court notice with their name has been pasted on the gate. Others find out only when a bank account or property is attached. A warrant or a "proclaimed offender" order sounds alarming, and it is serious. But it is not the end of the road. In most cases the law gives a clear way to set things right, provided you act quickly and appear before the court in the proper way. This article explains, in plain language, what these orders mean under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the practical steps open to you.

Why does a court issue a warrant?

Once a criminal case reaches court, for example after a chargesheet is filed or a complaint case is taken up, the court first usually calls the accused by a summons. If the summons is not served, or the person does not appear on the date fixed, the court can move to stronger steps to secure attendance. Common reasons include:

• The summons went to an old address, and the person never knew of the case.
• The person knew of the date but missed it, sometimes because of illness, travel or a belief that the matter had been "settled".
• An accused already on bail stopped appearing on later dates.
• The court felt that the person was avoiding the process.

Our earlier article on what happens after a chargesheet is filed explains the summons stage in more detail.

Bailable warrant and non-bailable warrant: the difference

Bailable warrant

A bailable warrant directs the police to bring the person to court, but it allows the person to be released on giving a bond, with or without sureties, undertaking to appear before the court on a stated date. It is meant to secure attendance, not to keep anyone in custody.

Non-bailable warrant (NBW)

A non-bailable warrant is a direction to the police to arrest the person and produce them before the court. The police cannot release the person on their own; it is for the court to decide whether to grant bail once the person is produced. Courts are expected to issue an NBW only after considering whether a summons or a bailable warrant would be enough, but in practice NBWs are often issued after repeated non-appearance.

A warrant normally stays in force until the court cancels it or it is executed. It does not lapse just because time passes.

What is a proclamation, and who is a "proclaimed person"?

If the court has reason to believe that a person against whom a warrant has been issued has absconded or is concealing themselves so that the warrant cannot be executed, it can publish a written proclamation under Section 84 BNSS (formerly Section 82 CrPC). The proclamation requires the person to appear at a specified place and time, not less than thirty days from the date it is published. It is usually read out publicly in the area where the person lives, affixed at a conspicuous part of their house or the village or town, and displayed at the court premises. The court may also direct that it be published in a newspaper.

If the person still does not appear, the court can, after such inquiry as it thinks fit, declare them a proclaimed person. Where the case involves certain serious offences, including those punishable under the Bharatiya Nyaya Sanhita, 2023 (BNS) with imprisonment of ten years or more, life imprisonment or death, the declaration can be that the person is a proclaimed offender under Section 84(4) BNSS.

What follows a proclamation?

Attachment of property

Under Section 85 BNSS (formerly Section 83 CrPC), the court may order attachment of the movable or immovable property of the proclaimed person, recording its reasons in writing. Movable property can be seized or placed with a receiver, and immovable property can be attached by taking possession, appointing a receiver or prohibiting payment of rent. Where the court is satisfied that the person is about to dispose of their property, it can order attachment at the same time as the proclamation. The BNSS also contains provisions for claims by others with an interest in attached property and for restoring property to a person who appears within the time allowed and shows sufficient cause.

A separate criminal offence

Not appearing in response to a proclamation is itself an offence under Section 209 BNS (formerly Section 174A IPC). It is punishable with imprisonment of up to three years, or fine, or both, or community service. Where the person has been declared a proclaimed offender under Section 84(4) BNSS, the punishment can extend to seven years' imprisonment, along with fine. This means a person can end up facing a new case in addition to the original one.

Trial in absence

The BNSS introduced a new provision, Section 356, under which a court can try a proclaimed offender who has absconded to avoid trial, in their absence, subject to safeguards. Among other conditions, the trial in absence cannot begin until ninety days after charges are framed, and a proclaimed offender cannot appeal against such a judgment unless they present themselves before the appellate court.

Effect on anticipatory bail

Courts have taken the view that a person who has been declared a proclaimed offender is ordinarily not entitled to anticipatory bail, except in rare and exceptional circumstances. Waiting until a proclamation is issued therefore narrows your options considerably.

What to do if a warrant or proclamation is issued against you

1. Find out the exact details. Note the court, case number, the offence sections and the next date. The order can often be checked on the eCourts services website or app using the case number, the FIR number or your name, or obtained as a certified copy from the court concerned.
2. Do not hide or delay. Every missed date makes the court less sympathetic, and continuing absence can lead to attachment and a separate case under Section 209 BNS.
3. Appear before the issuing court through an advocate. The usual course is to appear before the same court and file an application to cancel or recall the warrant, explaining the reason for non-appearance with supporting documents, such as proof of a change of address, medical records or travel documents. In appropriate cases the court may cancel the warrant on appearance and fresh bonds, or may take the person into custody and then consider bail.
4. If you are on bail and the warrant arose from missing dates, the court may also consider whether your bail bond should be forfeited. A truthful explanation and prompt appearance usually matter a great deal here.
5. If property has been attached, appearance before the court is ordinarily the first step towards seeking release of the property under the BNSS provisions on restoration.
6. If the order itself is legally defective, for example the proclamation was issued without proper service of the warrant, without the court recording its satisfaction, or without the mandatory thirty-day period, it may be challenged before the High Court of the state concerned (for cases in Punjab, Haryana and Chandigarh, the Punjab and Haryana High Court). Where the original FIR itself is unfounded, quashing may also be considered; see our page on criminal cases.

Common mistakes to avoid

• Assuming a settlement ends the case. A private compromise with the complainant does not by itself close a case pending in court. Until the court passes an order, you must keep appearing.
• Ignoring a pasted notice. A proclamation fixed on your gate or published in a newspaper is a formal court process, not a threat to be ignored.
• Not updating your address. If you move house while a case is pending, inform the court through your advocate so that notices reach you.
• Relying on someone else's word. Check the court's own record rather than relying on what the police, the complainant or a relative tells you.