{"id":5764,"date":"2026-04-02T08:42:27","date_gmt":"2026-04-02T08:42:27","guid":{"rendered":"https:\/\/nrilegalworld.com\/?p=5764"},"modified":"2026-04-02T08:45:42","modified_gmt":"2026-04-02T08:45:42","slug":"legal-guide-for-nri-declared-a-proclaimed-offender-in-india","status":"publish","type":"post","link":"http:\/\/112.196.38.115:4294\/mycaremedical\/blog\/legal-guide-for-nri-declared-a-proclaimed-offender-in-india\/","title":{"rendered":"Legal guide for NRI declared a Proclaimed Offender in India"},"content":{"rendered":"\n

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Understanding everything about the Proclaimed Offender case against NRI under the Indian law (the BNSS, 2023, earlier these proceedings used to be under section 82 of the criminal procedure code, 1973<\/strong>).<\/p>\n\n\n\n

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The term \u201cProclaimed Offender\u201d carries a serious weight. It represents not just a legal label, but a situation where the justice system is forced to chase someone who is deliberately avoiding the law. A Proclaimed Offender (PO) is a person who is accused of hiding (absconding) after committing an offence and does not appear before the court or police even after several notices and warrants are issued. It is a legal declaration by the court that a person is intentionally avoiding arrest and is absconding after committing an offence.<\/p>\n\n\n\n

But behind this legal term, there are real human stories- people who panic and disappear out of fear, those who misuse the system to harass others and those who escape to avoid accountability are declared proclaimed offenders. However, in case of NRIs things become more complicated. NRIs can be declared a proclaimed offender while they are away from India and are sometimes not even aware about the fact that a case has been registered against them in India. Understanding what it means to be an NRI proclaimed offender is of utmost importance. <\/p>\n\n\n\n

Circumstances under which a person can be declared a Proclaimed Offender<\/strong><\/h2>\n\n\n\n

A whole procedure is followed by the courts and the police before declaring a person a proclaimed offender. The process is given below: <\/p>\n\n\n\n

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  1. Issuance of Summons: Initially, summons are issued in the name of the offender to join the investigation.<\/li>\n\n\n\n
  2. Issuance of bailable warrants: If the person fails to appear in front of the court or the police. After which a bailable warrant is issued. <\/li>\n\n\n\n
  3. Issuance of non-bailable warrants: If the accused person fails to appear in the court or does not join the investigation, a non-bailable warrant is issued and the police are given the instructions to arrest the person and present him in the court. If the accused is not found and the police report that the accused has absconded or is deliberately avoiding arrest.<\/li>\n\n\n\n
  4. Issuance of Proclamation order: The Court issues a proclamation order of the accused under the Section 84 of BNSS. The court publishes the proclamation orders as a public notice requiring the accused to appear within 30 days. This notice is pasted at the house of the offender, on the prominent places in the locality, and it may also be published in newspapers.<\/li>\n\n\n\n
  5. Declaration of proclamation order: The accused still does not appear after several notices and the person still does not come before the court\/police within 30 days, then the court can declare that person as a proclaimed person (for normal offences) or proclaimed offender (for serious offences listed under section 86 of BNSS). <\/li>\n<\/ol>\n\n\n\n

    Service of summons to NRIs living abroad <\/strong><\/h2>\n\n\n\n

    Here is the procedure of serving summons abroad: <\/p>\n\n\n\n

    \"How<\/figure>\n\n\n\n
      \n
    1. Through embassy\/consulate: The Indian embassy or consulate can serve summon to the NRI person<\/li>\n\n\n\n
    2. Through Registered international posts or courier: The court sends the summons to the NRIs who are residing abroad through international posts or courier<\/li>\n\n\n\n
    3. Through Email or electronic forms: The court allows service of summons through email <\/li>\n\n\n\n
    4. Hague service convention: The summons can be delivered under Hague service convention<\/li>\n<\/ol>\n\n\n\n

      The courts can add additional steps to serve the summons abroad like publishing the summons in foreign local newspapers.<\/p>\n\n\n\n

      Reasons be<\/strong>hind declaring a person a proclaimed offender: <\/strong><\/h2>\n\n\n\n

      Proclamation order is issued to: <\/p>\n\n\n\n