Case Law Analysis
|Punjab and Haryana High Court
BNSS Section 528 | Bona Fide Hardship from Death, Pandemic, and Non-Service Justifies Setting Aside Proclaimed Person Status : PHHC
The Punjab & Haryana High Court set aside a proclaimed person declaration against a woman whose non-appearance stemmed from her husband’s death, pandemic disruptions, and failed service of process - not evasion. The ruling affirms that procedural fairness requires courts to assess genuine hardship before escalating to proclamation, and grants one final opportunity to surrender under strict bail conditions, reinforcing that proclamation is not automatic for non-appearance.