When it comes to legal matters involving proclaimed offenders and attachment of property in India, the law has a very specific and detailed process to follow. Timing plays a major role here, and how much time is given can vary depending on the case. Over the past few years, there has been a troubling rise in cases where NRIs are falsely implicated, often to intimidate them or take away their land and property. Instead of ignoring these cases out of fear or confusion, it’s important to understand the legal process and the steps you can take to protect yourself.
What Does It Mean to Be a Proclaimed Offender?
According to Indian law (Section 84 of the BNSS Act, which was earlier Section 82 of the Criminal Procedure Code), a proclaimed offender is someone who is deliberately hiding or avoiding the law after a warrant has been issued against them. When a court believes that a person is avoiding arrest, it can issue a formal public proclamation. This proclamation asks the person to appear before the court at a specific time and place within a reasonable period.
The proclamation is publicly displayed in prominent places usually where the person lives, at the local courthouse, and sometimes in newspapers so that everyone knows the person is wanted by the law.
It’s important to note that just because police can’t find someone at home once or twice doesn’t mean they are automatically proclaimed offenders. This is a serious step, only taken if the person has been evading the court for some time.
If someone is accused of a serious crime punishable by 10 years or more in prison, life imprisonment, or death, and they don’t show up when summoned, the court can declare them a proclaimed offender.
How Does Property Attachment Work?
Once a person is declared a proclaimed offender, the court can attach their property. This means temporarily taking control over their movable or immovable assets to pressure them to appear in court.
Generally, the court will issue the proclamation first, then attach property if the person still does not come forward. But if there’s a risk that the property might be sold or moved, the court can do both steps at the same time.
This attachment can happen to property within the court’s area or even outside, with approval from higher authorities. Perishable goods or livestock can be sold immediately, and the money is kept safe until the court decides what to do.
Sometimes, the court may even ask foreign courts to help identify and attach property owned by the proclaimed offender outside India. If someone else claims the property within six months, the court will look into it before taking any further action.
What Happens Next with the Attached Property?
If the proclaimed offender appears in court within the deadline, the court will release their property. If they don’t, after six months, the property will be transferred to the state and sold, with all ownership disputes settled beforehand.
If the person turns up within two years and can prove they were not avoiding the court knowingly, the court may order the money or property back to them. This can be challenged in higher courts as well.
What Should NRIs Do If Declared Proclaimed Offenders?
If you are declared a proclaimed offender, don’t panic, but act quickly and wisely:
• Your very first step should be to file a petition in the right High Court to get the PO order canceled.
• Trying for anticipatory bail at this point usually doesn’t work because courts are unlikely to grant it once you are a proclaimed offender.
• Don’t rush to challenge the FIR before the PO order is dealt with. First, focus on canceling the PO order and then address the FIR.
• Unfortunately, false cases against NRIs, especially in places like Punjab, are increasing. These cases often come from family disputes or property conflicts, where others try to grab land by creating legal trouble.
• Many NRIs, out of fear or lack of legal knowledge, avoid returning or responding to notices, which only makes things worse.
• The key is to face the issue with the right legal help and stay involved in the process to protect your rights and assets.
How NRI Legal World Can Help You?
At NRI Legal World, we know how stressful and confusing these cases can be. Our team of experienced NRI lawyers specializes in helping people like you navigate this complex legal maze. From filing petitions to quash PO orders to protecting your property and guiding you through court procedures, we provide support every step of the way. You don’t have to face this fight alone! With the right advice and action, you can protect yourself and your property. Contact us at info@nrilegalworld.com or call us at +91 97-09-69-20-96 to get the best help and peace of mind.
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