Court emphasizes legal distinction under Section 82 of Cr.P.C., highlights procedural compliance for anticipatory bail applications.
In a significant ruling, the Delhi High Court, presided over by Dr. Swarana Kanta Sharma, J., has modified the status of Mohd Aman Rana from a 'proclaimed offender' to a 'proclaimed person' in a case involving charges under Section 376 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The decision was delivered on April 4, 2026, in response to a petition challenging an earlier order by the Additional Sessions Judge, Karkardooma Courts, Delhi.
The case originated from an incident on June 13, 2023, when an 8-year-old girl reported an alleged assault by the petitioner, leading to the registration of an FIR. Despite the issuance of non-bailable warrants and subsequent proclamation proceedings under Section 82 of the Cr.P.C., the petitioner was declared a proclaimed offender on October 12, 2023.
The petitioner contested this declaration, arguing that the offences he was charged with did not fall within the specified offences under Section 82(4) of Cr.P.C., which outlines the criteria for declaring someone a proclaimed offender. The court concurred with this argument, referencing precedents such as Sanjay Bhandari v. State (NCT of Delhi) and Avinash Singh v. State to clarify the legal distinction between a 'proclaimed offender' and a 'proclaimed person.'
Furthermore, the court addressed the procedural aspects of filing anticipatory bail applications, emphasizing that such filings do not constitute an appearance before the court under Section 82(1) of Cr.P.C. The ruling underscored that the mere pendency of an anticipatory bail application does not impede the initiation or continuation of proclamation proceedings, as affirmed by the Supreme Court in Srikant Upadhyay v. State of Bihar
The modification from 'proclaimed offender' to 'proclaimed person' does not absolve the petitioner from legal consequences related to non-appearance as directed in the proclamation. Legal actions, including potential penalties under Section 174A of the IPC, remain applicable.
This judgment reinforces the necessity for precise adherence to legal provisions and procedures in criminal proceedings, particularly concerning proclamations and anticipatory bail applications.
Bottom Line:
Declaration of Proclaimed Offender - A person accused of offences not specified under Section 82(4) of Cr.P.C. cannot be declared a proclaimed offender but can only be declared a proclaimed person.
Statutory provision(s):
Criminal Procedure Code, 1973 Sections 82(1), 82(4), 174A; Indian Penal Code, 1860 Section 376; Protection of Children from Sexual Offences Act, 2012 Section 6.
Mohd Aman Rana v. State, (Delhi) : Law Finder Doc id # 2878002
