Court Highlights Strict Adherence Required Under Section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023; Orders Conditional Relief Subject to Cost Payment and Surrender
In a significant judgment dated October 15, 2026, the Punjab and Haryana High Court, presided over by Justice Shalini Singh Nagpal, quashed the order declaring Baldev Singh Bajwa a "proclaimed offender" in a criminal case registered at Police Station Kharar, District SAS Nagar, Mohali. The petitioner was accused under Sections 406 (criminal breach of trust), 420 (cheating), and 120B (criminal conspiracy) of the Indian Penal Code.
The Court's decision was grounded on the petitioner's challenge to the proclamation procedure followed by the trial court, which declared him a proclaimed offender without strictly complying with the mandatory requirements under Section 84 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Baldev Singh Bajwa had earlier been granted regular bail by the High Court and had been regularly appearing before the trial court until he absented himself on March 12 and April 16, 2026. Subsequently, without serving due notice or following due process, his bail was cancelled, and he was declared a proclaimed offender on September 29, 2026.
The High Court observed multiple procedural irregularities in the issuance and publication of the proclamation notice:
1. Non-Compliance with Mandatory Modes of Publication:
The proclamation, as per Section 84(2)(i) BNSS, must be publicly read in a conspicuous place where the accused ordinarily resides, affixed on a conspicuous part of the accused's house or homestead, and affixed at a conspicuous place in the courthouse. While the serving official affixed copies in the locality, bus stand, and court complex, the proclamation was not publicly read in the town or village where the petitioner resided. The Court emphasized that these three modes of publication are conjunctive and mandatory; failing any one renders the proclamation invalid.
2. Lack of Fresh Proclamation for Adjourned Date:
The proclamation originally fixed the appearance date as August 5, 2026. However, after multiple adjournments to August 18, September 1, and finally September 29, no fresh proclamation was issued or published for the final date when the petitioner was declared a proclaimed offender. The Court held that adjournment without fresh proclamation violates Section 84(1) BNSS.
3. Incorrect Classification of Offence Severity:
The offences under Sections 406, 420, and 120B IPC do not carry imprisonment terms of 10 years or more as required under Section 84(4) BNSS for declaration as a "proclaimed offender." Consequently, the petitioner ought to have been treated as a "proclaimed person" or "absconder," not a proclaimed offender.
The Court also noted the absence of a prima facie satisfaction recorded by the trial court that the petitioner had absconded.
Given these violations, the High Court quashed the proclaimed offender declaration dated September 29, 2026, and the bail cancellation order dated April 16, 2026. However, the quashing was conditional upon the petitioner depositing Rs. 30,000 as costs in the Poor Patient Welfare Fund of PGIMER, Chandigarh, within 30 days. The petitioner was further directed to surrender before the learned Judicial Magistrate Ist Class, Kharar, within 30 days and seek regular bail, which the trial court must decide expeditiously and uninfluenced by this judgment.
The Court clarified that failure to deposit the costs or surrender within the stipulated time would result in the petition being deemed dismissed.
This judgment reinforces the stringent procedural safeguards for declaring a person a proclaimed offender under the BNSS, aligning with prior precedents from the Punjab and Haryana High Court and other High Courts, which mandate strict adherence to publication and procedural requirements to protect the accused's rights.
Bottom Line:
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 84 - Declaration of proclaimed offender/proclaimed person - Mandatory requirements of proclamation must be strictly complied with - If proclamation is not publicly read as required, if all modes of publication are not proved, if no fresh proclamation is issued for adjourned date, and if offences are not covered by Section 84(4) BNSS, order declaring accused as proclaimed offender is liable to be quashed.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 84, Indian Penal Code Sections 406, 420, 120B, Constitution of India Article 226
Baldev Singh Bajwa v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 3004119
