#Proclamation of Absconder

The Bombay High Court has ruled that a magistrate cannot issue a proclamation against an absconder under Section 84 of the BNSS without providing a reasoned order, reinforcing that procedural fairness is non-negotiable in criminal proceedings. This sets a binding precedent for all trial courts in Maharashtra, ensuring that even in urgent cases, the right to a fair hearing cannot be bypassed by mechanical police reports.

Madras High Court sets aside a proclamation under Section 82 CrPC, ruling that an accused cannot be declared an absconder without actual notice of proceedings. The court directed the accused to surrender by 06.04.2026 and mandated the recall of the non-bailable warrant upon compliance, reinforcing natural justice principles in criminal procedure.