Delhi High Court Clarifies Accused in Rape and POCSO Cases Cannot be Declared Proclaimed Offender

The Delhi High Court held that an accused in rape and POCSO cases cannot be declared a “proclaimed offender” under Section 82 CrPC, as such offences are not listed under Section 82(4).

The Court clarified that while proclamation proceedings can be initiated against an absconding accused, the stricter label of “proclaimed offender” is reserved only for specific serious offences mentioned in the law.

Therefore, in such cases, the accused can only be termed a “proclaimed person.”

The Court accordingly modified the trial court’s order while upholding the validity of proclamation proceedings.

[Mohd Aman Rana v. State]