How do proclamation notices under criminal law help in ensuring justice, especially in sensitive cases like those involving terrorism?

Proclamation notices are legal tools used by courts under criminal law to compel the appearance of accused persons who are deliberately evading arrest or court proceedings. They are particularly significant in sensitive cases like terrorism, where accused individuals may go underground or abscond to avoid facing justice.

• Ensuring Presence of Accused: Proclamation notices (under Section 82 of the Criminal Procedure Code) publicly declare an individual as absconding and require them to appear before the court by a specified date. This increases pressure on the accused to surrender.
• Legal Basis for Further Action: If the accused fails to appear, the court can order attachment of their properties (Section 83 CrPC) and eventually declare them as proclaimed offenders. This escalates legal consequences and restricts their movements and access to resources.
• Public Awareness and Cooperation: Issuing proclamation notices involves publicizing the name and details of the accused, often through newspapers or public places. This helps in alerting the public and law enforcement agencies, increasing chances of apprehension.
• Deterrence in Sensitive Cases: In terrorism-related cases, especially in regions like Jammu & Kashmir, such notices act as a deterrent. They signal the seriousness of the state’s intent and make it harder for terrorists to operate or gain local support.
• Facilitating Fair Trial: By compelling absconding accused to face trial, proclamation notices help uphold the principle of a fair trial and prevent undue delay in the justice process, which is crucial in sensitive and high-profile cases.