Accused Facing Offences Punishable With Less Than 10 Years Can't Be Declared 'Proclaimed Offender' U/S 84(4) BNSS: P&H High Court

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Published 27 October 2026

Case: Not specified in source
Court: High Court of Punjab and Haryana
Bench: Not specified in source
Citation: Not specified in source
Statutes: Bharatiya Nagarik Suraksha Sanhita, 2023 — s.84(4)
Source: LiveLaw

Bottom Line Up Front (BLUF)

The Punjab and Haryana High Court held that an accused facing offences punishable with less than 10 years imprisonment cannot be declared a 'proclaimed offender' under Section 84(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This interpretation limits the application of the 'proclaimed offender' status to serious offences.

Ratio Decidendi · Legal Principle Established

Section 84(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) applies only to offences punishable with imprisonment for a term of ten years or more, or with death or life imprisonment. Accused persons facing charges for offences with a lesser punishment cannot be declared 'proclaimed offenders' under this provision.

Practice & Procedural Impact for Advocates

Advocates should scrutinize the maximum punishment for the alleged offence before a client is declared a 'proclaimed offender' under BNSS Section 84(4). Litigants should be aware that this status is reserved for more serious crimes, potentially impacting bail applications and arrest procedures.

Key Legal Takeaways

1BNSS Section 84(4) for 'proclaimed offender' status is limited to grave offences.
2Offences with less than 10 years imprisonment do not qualify for 'proclaimed offender' declaration under BNSS Section 84(4).
3This ruling clarifies the scope of 'proclaimed offender' provisions under the new criminal procedure code.

The Legal Issue The Punjab and Haryana High Court addressed the interpretation of Section 84(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) concerning the declaration of an accused as a 'proclaimed offender'. The core issue was whether this provision could be invoked for offences where the maximum punishment prescribed is less than ten years imprisonment.

Court's Reasoning The High Court meticulously analyzed the language of Section 84(4) BNSS. It concluded that the provision specifically targets offences punishable with imprisonment for a term of ten years or more, or with death or life imprisonment. By a plain reading of the text, the Court determined that the legislative intent was to restrict the 'proclaimed offender' status to more serious crimes. Therefore, an accused person facing charges for an offence that carries a maximum punishment of less than ten years imprisonment cannot be declared a 'proclaimed offender' under this particular section.

What Follows This ruling means that judicial authorities must strictly adhere to the punishment criteria outlined in Section 84(4) BNSS before issuing a declaration of 'proclaimed offender'. Any such declaration made for offences not meeting the specified punishment threshold would be invalid. Counsel should confirm the applicability of CrPC provisions for cases pending on 1 July 2024, as per BNSS s.531(2)(a).