Punjab & Haryana High Court Upholds Proclamation Proceedings Under BNSS; Holds Arrest Warrants Can Be Issued When Accused Evades Custody

Case Name: Harmeet Singh Pathanmajra v. State of Punjab and Another

Date of Judgment: 28 January 2026

Citation: CRM-M-2535-2026

Bench: Hon’ble Mr. Justice Tribhuvan Dahiya

Held: The Punjab and Haryana High Court held that issuance of arrest warrants and proclamation under Sections 84 and 85 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is justified where the accused evades arrest after escaping from custody. The Court held that due compliance with statutory procedure and expiry of the mandatory 30-day period renders proclamation valid.

Summary: The petitioner sought quashing of orders issuing arrest warrants, proclamation, and declaration as a proclaimed person in FIR No.173 dated 01.09.2025 under Sections 376, 420 and 506 IPC (later Section 376(2)(n) IPC added).

It was alleged that after being arrested at Karnal, the petitioner attacked the police party and escaped from custody, leading to registration of a separate FIR. Arrest warrants were issued on 05.09.2025 and 11.09.2025. Subsequently, proclamation under Section 84 BNSS was issued on 06.10.2025 and, after due publication and expiry of the statutory period, the petitioner was declared a proclaimed person on 20.12.2025.

The petitioner contended that warrants cannot be issued during investigation of cognizable offences and that mandatory procedure under Section 84 BNSS was not followed.

The Court rejected these submissions, noting that the petitioner had escaped from custody and was evading arrest. It found that proclamation was duly published, statement of serving constable was recorded, and the mandatory waiting period had expired before declaration. Compliance with Section 84(3) BNSS was established.

Decision: The petition was dismissed. The Court upheld issuance of arrest warrants and declaration of the petitioner as a proclaimed person.