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What happens when a person is declared proclaimed offender?

What happens when a person is declared proclaimed offender?

Once a person is so declared a P.O. under section 82, the court may order for attachment of any property (whether moveable or immoveable) belonging to the said person under section 83.

However, it may so happen that some other person or persons may also have some interest in the property so attached. In that case, such person(s) under section 84 may file their claim/objections against such attachment in the court within 6 months from the date of attachment. This is enquired into by the court and is allowed or disallowed in whole or in part by the court. If the claim is disallowed, the person may file a suit within one year of such order to establish his right/claim in respect of the property in question.

If the PO appears within the time mentioned in the proclamation, the court make an order thereby releasing the property from attachment.

However, if he does not so appear, the property is at the disposal of the state government which may dispose it off after first disposing off the claim/objection, if any, against such attachment. However, if the property is of such a nature that it is likely to decay with time or if the court is of the opinion that the sale would be for the benefit of the owner, the court may cause the property to be sold at any time it thinks fit.

If the PO appears before the court himself or is brought before the court by the police after arresting him within 2 years from the date of attachment and he proves that he did not hide to avoid the warrant and that he was not aware of proclamation and thus he could not appear within the specified time and if the court is satisfied, then the property or the proceeds of the property after deducting the expenses of attachment are returned to him. In practice, if a PO appears after the expiry of the specified time, the judicial magistrates these days usually take a harsh stand and send him to judicial custody for at least 2-3 days


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