Can a proclaimed offender depose an affidavit

545 votes

Declaration of Proclaimed Offender is one thing which means he can be arrested any time where ever he is found.
Failing of affidavit and deposing before a court of law is different thing.The Court is only interested getting statement recorded and cross examination complete.its police job to arrests a Proclaimed Offender.

Advocate Amit Gaurav LawRato

838 votes

If an accused has been declared as PO then he can be arrested at any place he is found. His credibility has already been impreached. His property can be attached and sold off after a certain period. Section 85(3) of the Code of Criminal Procedure, 1973 says that if PO voluntarily appears before the Court or brought before it within 2 years of proclamation and apprise to the satisfaction of the court that he didn't know about the proclamation then his attached property can be released or if sold proceeds of it can be given to the accused. No affidavit requirement is explicitly mentioned.

LawRato LawRato

721 votes

Dear Mr./Mr.

What type of affidavit you asking for filing before court as a proclaimed offender. It is very important that in which matter an affidavit is going to be filed.every matter has its own importance regarding filing of affidavit.

Advocate Puja Shrivastava LawRato

913 votes

If he deposes an affidavit then of course he must appear before the court that has declared him a proclaimed offender. Accused cannot not appear before a court and file affidavits at the same time. I have to see the case file to give a more specific answer in case needed.

Advocate Rohan Garg LawRato

880 votes

Hi! There is no law which prohibited that a proclaimed offender can't file an affidavit before any authority including court, but there is a practical difficulty to tender an affidavit in evidence before court b/c for that PO need to sought cancellation of PO order first. Otherwise there is no issue.

LawRato LawRato