Proclaimed Offender Declaration Illegal Without Mandatory Publication of Proclamation; Offences Punishable Below 10 Years Do Not Attract Section 84(4) BNSS: Punjab and Haryana High Court
Case Name: Baldev Singh Bajwa v. State of Punjab and Another
Date of Judgment: 15 October 2026
Citation: CRWP-12623-2026
Bench: Justice Shalini Singh Nagpal
Held: The Punjab and Haryana High Court held that compliance with all three prescribed modes of publication under Section 84(2)(i) BNSS is mandatory, and failure to publicly read the proclamation renders the declaration of a proclaimed offender unsustainable. The Court further held that an accused facing offences punishable with imprisonment of less than ten years cannot be declared a proclaimed offender under Section 84(4) BNSS, but may be proceeded against as a proclaimed person or absconder in accordance with law.
Summary: The petitioner, accused under Sections 406, 420 and 120-B IPC, challenged the order declaring him a proclaimed offender after his absence from trial proceedings resulted in cancellation of bail and issuance of non-bailable warrants.
Examining the proceedings, the High Court identified three material legal defects. First, the trial Court had issued the proclamation without recording prima facie satisfaction that the petitioner was absconding or concealing himself to evade arrest. Second, the proclamation was never publicly read at a conspicuous place, as mandatorily required under Section 84(2)(i) BNSS. Third, the petitioner was declared a proclaimed offender on 29 September 2026 without issuance of a fresh proclamation notifying that date after the original appearance date of 5 August 2026 had passed.
Relying on Anita Sharma v. State of Punjab, Ashok Kumar v. State of Haryana and Navneet Sharma v. State of Punjab, the Court reiterated that the prescribed modes of publication are cumulative, not alternative, and their non-compliance vitiates proclamation proceedings.
The Court additionally observed that offences under Sections 406, 420 and 120-B IPC did not satisfy the punishment threshold prescribed under Section 84(4) BNSS for declaring an accused a proclaimed offender.
Decision: The High Court quashed the order dated 29 September 2026 declaring the petitioner a proclaimed offender, subject to payment of ₹30,000 as costs to PGIMER, Chandigarh, within 30 days. The petitioner was directed to surrender before the trial Court within the same period and apply for regular bail. Failure to comply with either condition would result in the petition being deemed dismissed.