Delhi HC's Guidelines on Proclaimed Offenders: Research Paper submitted by Mr. Surinder S.Rathi, Registrar (Full text)

The Delhi High Court was dealing with a criminal matter in which the petitioners in two cases were declared as Proclaimed Offenders without following due process of law. This prompted the High Court to lay down the Guidelines to be followed by all the Courts while declaring a person as a Proclaimed Offender. These guidelines were pronounced on 28th June 2021 by the bench presided by Justice J.R. Midha in case titled Sunil Tyagi v. Govt of NCT of Delhi & Anr.

Mr. Surinder S. Rathi, Registrar, Delhi High Court, who was then posted in Delhi State Legal Services Authority (DSLSA) and had done extensive research on the subject, was requested by the High Court submit his research papers. Mr. Rathi submitted his research papers along with the suggested Guidelines. Mr. Rathi in his report dealt with the provisions relating to the declaration of a Proclaimed Offender at the stage of investigation as well as trial and post-conviction.

Mr. Surinder S. Rathi also shared a Research Paper titled ‘Unified Criminal Justice System (UCJS)’, which aims at achieving a unified digitization of criminal investigation system right from the stage of registration of FIR and investigation till up to trial and appeal along with seamless exchange of data between duty holders including Police, Judiciary, Prisons, Prosecution, Forensics, Legal Services & others, at all stages.

The High Court greatly appreciated the valuable and effective assistance rendered by Mr. Surinder S. Rathi.

Submissions of Mr. Surinder.S.Rathi, OSD-cum-Registrar of Delhi High Court have been reproduced below:

When a person declared as an absconder or proclaimed offender (PO)

1. 1. The word `absconder' is not defined in the Code of Criminal procedure. It occurs in other provisions of criminal law e.g. Sections 87 and 90(a) CrPC and Section 172 IPC. From the context and object of these provisions an absconder may be said to be one who intentionally makes himself inaccessible to the processes of law. Hence, it is not enough if it is shown that it was not possible to trace him soon after the occurrence.
   2. It has to be established that he was available at or about the time of the commission of the alleged offence and ceased to be available after the commission of the offence, before he can be treated as an absconder. Similarly, it has to be established that there is no immediate prospect of arresting the accused. Then the question arises, whether it is enough if the material on record shows that these conditions have been fulfilled or whether it is necessary that the recording Court should explicitly state that it has so satisfied itself before the deposition is actually recorded such jurisdictional facts must be existing on this date of passing of the order.
   3. When a person is hiding from his place of residence so as to frustrate the execution of a warrant of arrest, he is said to have absconded. A person may hide within his residence or outside away from his residence. If a person comes to know about the issuance of a process against him or if he anticipates such a process and hides or quits the country, he is said to have absconded. It is settled legal proposition that when in order to evade the process of law a person is hiding from (or even in) his place of residence, he is said to abscond. A person is not said to abscond merely when he has gone to a distant place before the issuance of a warrant. Similarly, it is necessary that the person is hiding himself and it is not sufficient that the Police is unable to find him.
   4. Normally, if a person fails to appear before the Court even after being served a summons, the Court issues a warrant of arrest. However, if the person absconds to avoid the arrest, the drastic step of proclamation for persons absconding needs to be taken, which is described in Section 82 CrPC.
   5. If the Court has reason to believe that a person has absconded to avoid the execution of his arrest warrant, the Court may publish a written proclamation requiring such person to appear before it at the specified place and time. The date and time of appearance must not be less than thirty days from the date of proclamation.
   6. Section 82(2) CrPC, the proclamation must be read in some conspicuous place of the town or village in which the person resides. It should also be affixed to some conspicuous part of the house in which the person resides or to some conspicuous place of the town or village. A copy of the same must also be affixed to some conspicuous part of the Court house. The Court may also direct a copy of the proclamation to be published in a daily newspaper circulating in the place is which such person ordinarily resides. The terms of Section 82 CrPC are mandatory and a proclamation cannot be issued without first issuing a warrant of arrest.
   7. There are three stages when a person can be declared as a proclaimed offender namely during investigation; during trial and post-conviction.

During Trial

1. 8. The scenario of abscondance during trial stands on a different footing, at least as compared to abscondance during investigation. In this category, the accused has crossed the stage of joining of investigation and he has been summoned by a Court as an accused to face trial after recording a finding of existence of sufficient material against him. By this time, cognizance of the offence is also taken by the Magistrate/Sessions Courts under Section 190 and 193 CrPC.
   9. There can be two sub-categories. First category can be of those who have not entered appearance in the trial even once. The second category would contain those accused who stop appearing during the course of trial after initially entering appearance and furnishing the bail bond. In the first category, the Court has to ensure that the address at which the accused is sought to be served is the true and complete address of the accused. Many a times, either deliberately or out of ignorance, the prosecuting agency, complainant end up furnishing and incorrect and incomplete address of the accused. Consequently, the Court is constrained to issue processes at such address resulting in non-service and many a times, it leads up to issuance of proclamation against the accused as his last known address.
   10. In the Second category, once the accused has entered appearance and furnished bond not only his complete and correct address is available with the Court but by entering appearance in the trial accused comes to know of the pendency of the proceedings against him. His absence or abscondance, post his entering appearance in the trial, is a circumstance which can be relied heavily against the accused.
   11. If the Trial has crossed stage of framing of charges, then a finding of existence of prima facie case is also available on record. Now there is a duly executed and sworn Bail bond coupled with a Surety bond to ensure regular appearance of the accused.
   12. A new offence in the form of Section 229A IPC has been introduced in the Penal Code w.e.f. 23^rd June, 2006 according to which failure by a person released on bail or bond has been made a penal offence.
   13. This newly added offence is an addendum to Section 174A IPC. Rather when looked upon together the newly amended Penal Code provides that an offence stand committed not only for his non-appearance on publication of a proclamation but also for non-compliance of a Bail Bond furnished in a matter.

Suggestions to be followed at the time of Arrest/Surrender in Court

0. 14.  The IO or the SHO shall ensure that they shall personally or through one of their Subordinate official visits the address disclosed by the accused so as to check its correctness before or after his arrest or while seeking his arrest warrants from the Courts. (Agreed by CBI)
   15. The IO/SHO shall record in the case diary the name of at least two respectable persons of the locality of accused with their contact details who will ratify that the address of the accused mentioned in the arrest memo or the applications for seeking warrants of arrest of the accused is a correct and complete one and it does actually belong to the accused.
   16. The IO/SHO must ascertain the additional addresses of the accused viz. the permanent or the native place address and if addresses are located in other States, the same shall be verified through a subordinate or by any other means through the local police of the address disclosed. (Agreed by CBI)
   17. The IO/SHO shall obtain documentary proof of the address disclosed by the accused and append the same with the Chargesheet.
   18. In case an accused is a tenant in the property, a copy of the rent deed/rent receipt or a plain paper declaration by the landlord would be a sufficient compliance of this requirement.
   19. The IO/SHO shall take photographs of the dwelling unit of the accused which is shown/claimed to be address of the accused.
   20.  The IO/SHO shall prepare a site plan of the residential address of the accused so that it can be used as an aid while serving the accused with any process issued by the Court or execution of NBWs or u/s 82/83 CrPC processes.  That in case the IO/SHO has an internet facility at Police Station, he shall take the help of printouts of internet maps like Google Maps so as to show the specific location of the house.
   21. The IO/SHO shall mandatorily ascertain the work profile/job profile of the accused and shall obtain his complete address and details of his place of work/employer with other contact details.
   22. The IO/SHO shall obtain a documentary proof of the place of work and shall record it in the charge sheet as an address where due service can be effected.  Photograph of such work place and a sitemap shall also be obtained.
   23. In case the accused is found to be working in a Government/Private employment, the Head Office address of his employer shall be obtained apart from requiring such Employer to share with the Police/Court in case there is a change of place of employment or termination or removal of accused from employment.
   24. At the time of arrest, the accused shall share names of at least three blood relatives with their details like address and contact numbers and the nature of relation preferably with documentary proof who can be specifically contacted in case of issuance of any coercive process against him.  This would act as a safeguard to the accused as in many instances accused ends up being declared a Proclaimed offender despite not having any knowledge. (Agreed by CBI)
   25. The arrests shall be made as per the amended updated arrest memo as specified in the Principal Research Paper at Page Nos. 44 to 45.  (Agreed by CBI)
   26. At the time of arrest or soon thereafter, it shall be mandatory for the accused to submit at least two of the following documents as per Criminal Manual 1980 of Bombay High Court, notification No.P.0805/2010 dated 29^th July, 2010:-
1. Passport
2. Pan Card Copy
3. Bank Passbook
4. Credit card with photograph
5. Ration card
6. Electricity bill
7. Landline telephone bill
8. Voter I.D. Card issued by the Election Commission of India
9. Property Tax Register

(Agreed by CBI & DP)

1. 27. In case of grant of bail, it shall be mandatorily for every accused and every surety as a condition for grant of bail that both the accused and the sureties must necessarily inform the police authorities as well as the Court granting the bail about the change of their residential address while the accused is on bail.  The change of residential address should be immediately intimated either by the accused or by the sureties as the case may be or by both with due documentary proof. (Agreed by CBI & DP)
   28. The concerned area Magistrate/Court hearing the application shall ensure that the above guidelines have been duly complied with by the police.  (Agreed by CBI & DP)
   29. The concerned area Magistrate/Court hearing the Bail application shall ensure that the accused shares all the above particulars in addition to the particulars provided in the principal research paper and various judgments of Delhi High Court and Supreme Court before the benefit of bail is granted to the accused. (Agreed by CBI & DP)
   30. In all Sessions Triable cases, it shall be made mandatory that the accused surrenders his passport, with the IO/SHO. However, as regards cases instituted on private complaints namely Section 138 N.I. Act etc., the situation tends to get a bit complicated in so far as a private complaint is not expected to have the way with all to verify the correctness of the address of the accused or furnish documentary proof thereof. (DP agreed)

Guidelines in such cases can be

1. 31. In case of cases tried on private complaint, the complainant shall share all the addresses known to him i.e. current/temporary/ permanent and workplace. (Agreed by CBI & DP)
   32. In case of cases tried on private complaint, the complainant shall file documentary proof of the address of the accused, if available. (Agreed by CBI & DP)
   33. Mandating the complainant to state on oath in his affidavit that address mentioned by him in the complaint is true and complete to the best of his knowledge. (Agreed by CBI & DP)
   34. The complainant shall also disclose additional addresses of the relatives of the accused even though service at those addresses may or may not be treated as due service upon the accused.  (Agreed by CBI & DP)
   35. – Post entering of appearance by the accused, it shall be mandatory to him to disclose additional addresses other than those mentioned in complaint to the Court with address proof. (Agreed by CBI & DP)
   36. In complaint cases, accused shall furnish name, address, relation and other details of three of his relatives for future communications.  However, service of summons to those addresses may not be treated as due service under Section 64 CrPC. (Agreed by CBI & DP)
   37. Since in a private complaint no arrest memo is prepared, whether or not the Court is satisfied or bond is furnished at the time of bail, it be mandated that the address of the accused and surety be verified from the local police along with compliance of suggestions already given in the Principal Research Paper including obtaining permanent and workplace address and in case of tenanted premises, tenancy document. (Agreed by CBI)
   38. Mandating Courts and Police to take on record photograph of the accused and surety along with surety bond. (Agreed by CBI & DP)
   39. Courts to ensure that the surety furnished by the accused is either in blood relation or of a person who has effective control over the accused. (Agreed by CBI & DP)
   40. In case the surety claimed to be employed at some place, verification of his address be done but verification of his employment be also carried out. (Agreed by CBI)
   41. Absence of mechanism of service by additional modes like registered post, e-mail, courier, SMS and like leaves scope for false service reports by human agency. [NCT of Delhi information Technology (Electronic Service Delivery) Rules, 2012]. (Agreed by CBI & DP)
   42. Furnishing of false reports by process servers/police officials, absence of mechanism where process service/police official can be mandated to pay up three visits at the address of the accused as in Civil cases, no mandate to process server/Police official to submit affidavit of proper service in criminal matters when accused is in the same district and no directive to Process Server/Police official to photographed/video- graphed of the actual delivery of summons or affixation. (Agreed by CBI & DP)
   43. Arrest/ Court Surrender Form notified by the Lieutenant Governor of Delhi on 05^th January, 2001 be mandatorily filled by the accused even in complaint case, which is not happening as of now.  This would go a long way in containing the instances of people getting declared Proclaimed offender wrongly or persons escaping the clutches of law in so far as this Arrest/Court Surrender Form contains many important disclosures which can be used to trace/track the accused.  However, this Form needs further amendment by way of inclusion of UID Aadhar number, Bank Account number, Driving Licence number, PAN number and other additional details which can be crossed checked from different Data Banks. (Agreed by CBI & DP)
   44. In case any criminal complaint or in a case filed by Police, before the summon shall be served on the accused in a foreign country, the Court must satisfy whether India has a Mutual Legal Assistance Treaty (MLAT) or any other similar Treaty.  Upon ascertainment of these facts, summons should be served only under the formats/guidelines provided therein. (DP agreed)
   45. There is an urgent need to update the Arrest Memo Forms being used by Investigating Agencies. The forms being used now a days does not carry any specific particulars which can be got verified in a foolproof manner, without wastage of any time. 
   46. One way of doing the same is by mentioning the duly verified Aadhaar Number and if possible, by appending the Aadhaar I.D. print out of the arrestee.  Such Arrest Memo shall also have a declaration by the SHO of the area that the fact that the factum of his/her arrest has been uploaded/updated in the modified UIDAI data management system.  For arrestee who does not have an Aadhar Card or registration, it can be got prepared or done even post his arrest, in no time.

Suggestions qua issuance of Warrants of Arrest at Investigation Stage

1. 47. Investigating Officer may apply to a Magistrate for issuance of warrant of arrest where the offence is cognizable and non-bailable and proposed warrantee is evading his arrest. (Agreed by CBI)
   48. While applying for warrant, the Investigating Officer must show the Magistrate his efforts made for arresting the proposed warrantee. (Agreed by CBI & DP)
   49. Investigating Officer must show that the proposed warrantee is ordinarily residing at or was very recently residing at some address which is in the knowledge of the IO through any manner and that now the proposed warrantee is not available at that address due to his deliberate intention to avoid custody in the case in question. (Agreed by CBI & DP)
   50. No warrant shall be issued against a proposed warrantee merely on the ground that he is not available for the IO/ Police officials for the purpose of joining him in the investigation. (Agreed by CBI & DP)
   51. Investigating Officer must satisfy the criteria that in his belief and on the basis of material collected by him/previous IO during the investigation, he is of the opinion that the proposed warrantee is involved in the case as an accused. (Agreed by CBI & DP)
   52. Only a strong suspicion or information of secret informer cannot be treated as a ground for issuance of warrant of arrest.
   53. Only on the basis of disclosure statement made by some accused before the police officer naming the proposed warrantee, prayer for issuance of warrant shall not be entertained.
   54. No warrant shall be issued against proposed warrantee unless the Police Officer has categorically stated in writing that there exist grounds of arrest and such grounds are not only legally admissible but are also sufficient to sustain filing of a chargesheet against him in the Court.  
   55. Investigating Officer must show that in his opinion custodial interrogation of the proposed warrantee is necessary for the just and fair investigation of the offence(s) in question. (Agreed by CBI)
   56. The Magistrate must record his satisfaction in respect of the fact prima facie involvement of proposed warrantee, requirement of his custodial interrogation and that he is evading his arrest. (Agreed by CBI)
   57. The Magistrate than can exercise his powers to issue warrant of arrest even at the stage of investigation in cognizable and non-bailable offences. (Agreed by CBI)
   58. Such prayers shall be endorsed by the SHOs and Asstt. P.P./Addl. P.P./Chief P.P. of the Court as well with a declaration that they are satisfied that it is a fit case for issuance of NBW. (Agreed by DP)

Suggestions qua issuance of Proclamations at Investigation Stage

1. 59. No Proclamation shall be issued by a Court qua a suspect unless the Police Officer has categorically stated that the offence in question was committed in his immediate presence. (Agreed by DP)
   60. No Proclamation shall be issued by a Court qua a suspect unless the Police Officer has categorically stated in writing that there exist grounds of arrest and such grounds are not only legally admissible but are also sufficient to sustain filing of a chargesheet against him in the Court. (Agreed by DP)
   61. No Proclamation shall be issued by a Court qua a suspect unless the Deputy Commissioner of the District (DCP) ratifies in writing that there exist grounds of legally admissible and cogent evidence warranting the issuance of Proclamation against him.
   62. No Proclamation shall be issued by a Court qua a suspect merely on the ground of suspicion how so ever strong.
   63. No Proclamation shall be issued by a Court qua a suspect merely on the ground of naming of the suspect in the disclosure statement of co-accused or an input received from a secret informer.
   64. No Proclamation shall be issued by a Court qua a suspect unless the Court records its prima facie satisfaction to the effect that it is satisfied with the admissibility and quality of the evidence.
   65. No Proclamation shall be issued by a Court qua a suspect unless the Court records its prima facie satisfaction to the effect that the accused has been duly served with a notice/warrant or is satisfied that the suspect has absconded or is concealing himself so that such warrant cannot be executed.
   66. No Proclamation shall be issued by a Court qua a suspect merely on the ground that the IO/ Police official has failed to apprehend/arrest or ascertain the whereabouts of the suspect. (Agreed by CBI)
   67. No Proclamation shall be issued by a Court qua a suspect merely on the ground that he is not available at his known places of abode or is not found his last known address. (Agreed by CBI)
   68.  No Proclamation shall be issued by a Court qua a suspect merely on the ground that he is not available for the IO/ Police officials for the purpose of joining him in the investigation. (Agreed by CBI)
   69. No Proclamation shall be issued by a Court qua a suspect unless the Asstt. P.P./Addl.P.P./Chief P.P. ratifies in writing that there are grounds of legally admissible and cogent evidence warranting the issuance of Proclamation against him.

Suggestions qua issuance of Warrants of Arrest at Trial Stage

1. 70. At the stage of trial, accused will normally be on bail on executing personal bond with surety. The scenario of abscondance during trial stands on a different footing, at least as compared to abscondance during investigation. In this category, the accused has crossed the stage of joining of investigation and he has been summoned by a Court of Law as an accused to face trial after recording a finding of existence of sufficient material against him. And if the Trial has crossed stage of framing of charge, then a finding of existence of prima facie case also available on record. Now there exists a duly executed and sworn Bail bond coupled with a Surety bond to ensure regular appearance of the accused. (Agreed by CBI & DP)  
   71. Therefore, at this stage, non-appearance of accused without any justified reasons should be taken as sufficient justification for issuance of warrants of arrest including NBW as the case may be. (Agreed by CBI & DP)
   72. If any authorized person moves an application to show the reasons for non-appearance of the accused, the Court should decide the application. If the Court is not satisfied with the reasons proposed, it may indicate the non-appearance without justification. (Agreed by CBI & DP)

Suggestions qua issuance of Proclamations at Trial Stage

1. 73. Needless to say, that for issuance of proclamation, existence of warrants of arrest is necessary. Code of Criminal Procedure nowhere differentiates between issuance of proclamation at the stage of investigation or at the stage of trial. Therefore, the procedural guidelines suggested above for issuance of proclamation at the stage of investigation should apply to the stage of trial in the corresponding manner.

Suggestions qua issuance of Post-Conviction

1. 74. The scenario of abscondance post-trial stands on a totally different footing, as compared to abscondance during investigation or trial. In this category, the accused has not only crossed the stage of joining of investigation but he has also faced a full-fledged trial by a Court of Law and a finding of conviction against him stands recorded in the form of judgment of conviction. Hence as compared to the stages of "During Investigation" and "During Trial", an act of abscondance at this stage shall be treated as the most serious one. An act of abscondance at this juncture, tantamount to clear wilful abscondance and such an accused shall be dealt with strictly according to Section 174A IPC. (Agreed by CBI & DP)

Suggestions qua General Requirements and Pre-conditions for issuance of Proclamations

1. 75. There must be a report before the Magistrate that the person against whom the warrant was issued by him had absconded or had been concealing himself so that such warrant cannot be issued. An attachment warrant can be issued only after the issuance of proclamation.
   76. The expression ‘reason to believe’ occurring in Section 82 CrPC suggests that the Court must be subjectively satisfied that the person has absconded or has concealed himself on the materials before him.
   77. The term ‘abscond’ is not to be understood as implying necessarily that a person leaves the place in which he is. It is etymological and its ordinary sense is to hide oneself. Further under Section 82 CrPC, the Court issuing proclamation must record its satisfaction that accused had ‘absconded’ or ‘concealed himself’.
   78. The three clauses (a), (b) and (c) of Section 82(2)(i) CrPC are conjunctive and not disjunctive. The issue of valid publication depends on the satisfaction of each of these clauses. Clause (ii) of sub-section (2) is optional; it is not an alternative to clause (i). The latter clause is mandatory.
   79. The Magistrate must be satisfied that the accused was absconding or concealing himself for the purpose of avoiding the service of the warrant. The mere fact that the police could not find the accused is not enough under this Section. What is required is the evidence of the effect that he had known that he was wanted and was avoiding arrest.
   80. Under Section 82 of the Code, the Magistrate issuing proclamation must record his satisfaction that the accused had absconded or concealed himself.  A person who had gone abroad before the issue of the warrant of arrest cannot be said to be absconding or concealing. However, even though the accused has left India before proclamation, if he continues to remain outside India with a view to defeat or delay the execution of the warrant, he has to be taken to be absconding person.
   81. The proclamation of absconding shall not be issued whenever a warrant fails of its effect. Before issuing a proclamation, the officer who tried to execute the warrants must be examined as to the measures adopted by him to serve it.
   82. If on his evidence or in any other manner, the Magistrate is satisfied that the accused is absconding or concealing, then and then only the processes of proclamation may be issued.
   83. Process under Section 82 of the Code cannot be issued unless it is established that a warrant had already been issued against the person wanted and that person was absconding. The previous issue of a warrant against the person whose attendance is required before the Court is a necessary condition.
   84. Simultaneous issue of both the processes, namely, warrant of arrest and proclamation is ex-facie contradictory, since it is only after the first that the second can be issued where the concerned person has absconded or is hiding.
   85. A proclamation under Section 82 CrPC must mention the time within which and the place at which the absconder should present himself to save the sale of his property. An omission to mention the time and place would render the proclamation a nullity. The proclamation shall also be ineffective if a period lesser than that provided by the Section is mentioned.
   86. The failure to comply with all the three modes of publication is to be considered invalid publication according to law as the three sub-clauses (a) to (c) are conjunctive and not disjunctive.
   87. The most important part of the publication is the publishing of the proclamation in the accused’s place of residence, and it is from the date of such publication that the 30 days should be counted.
   88. An accused person against whom a proclamation has been issued must, until he has surrendered, be regarded as in contempt, and the Court will not entertain any application on his behalf.

Suggestions for enhancing the efficiency in execution of proclamations

1. 89. Making UID/Aadhaar Card as the basis of all interrogations, arrests and proclamations.
   90. When we are pondering over improving the efficiency of execution of proclamation proceedings, the focus of attention shall not remain limited to the proceedings issued under Section 82, 83 CrPC but it shall travel beyond the same. The need of issuance of proclamation arises at difference stages of criminal justice system i.e. during investigation, trial and post-trial.
   91. In this regard, the identity particulars of an individual are the most important inputs at the hands of Investigating Officer or Court. Be it an interrogation or arrest, if the technological tools available today are availed then the instances of a person absconding from the judicial system can be minimised to a great extent. It is in this reference that the project undertaken by the Planning Commission qua issuance of a unique identification of all the citizen of the country would come handy and can assist the criminal justice system in many wonderful ways.
   92. As per information available on the website maintained by Unique Identification Authority of India, Planning Commission, Government of India. Aadhaar is a 12-digit individual identification number issued by the Unique Identification Authority of India on behalf of the Government of India. This number will serve as a proof of identity and address, anywhere in India. Any individual, irrespective of age and gender, who is a resident in India and satisfies the verification process laid down by the UIDAI can enrol for Aadhaar. Each individual needs to enrol only once which is free of cost. Each Aadhaar number will be unique to an individual and will remain valid for life. Aadhaar number will help you provide access to services like banking, mobile phone connections and other Govt and Non-Govt services in due course.
   93. Aadhaar is easily verifiable in an online, cost-effective way; unique and robust enough to eliminate the large number of duplicate and fake identities in government and private databases; and random number generated, devoid of any classification based on caste, creed, religion and geography.
   94. The Unique features of Aadhaar Card registration are a 12 digit unique identity for every Indian individual, including children and infants; enables identification for every resident India; establishes Uniqueness of every individual on the basis of demographic and biometric information; it is a voluntary service that every resident can avail irrespective of present documentation; each individual will be given a single unique Aadhaar ID number; Aadhaar will provide a universal identity infrastructure which can be used by any identity-based application (like ration card, passport, etc.) and UIDAI will give Yes/No answers to any identity authentication queries.
   95. The above features of Aadhaar Card are so dynamic in nature that they are absolutely foolproof and leaves no scope for a person to impersonate to escape the clutches of law. It is need of the hour that not only the federal investigators of criminal cases like National Investigation Agency (NIA) and Central Bureau of Investigation(CBI) but also state police like Delhi Police should be allowed to have an unhindered access to the UIDAI data so as to correctly identify the suspect or an accused right from the stage of investigation. 
   96. The UIDAI data base shall be so enabled so that the criminal antecedent or any kind of interface of a person shall be recorded in his/her UIDAI data by way of some kind of hyperlink etc.

Modification of arrest memos in terms of UID/Aadhar particulars

1. 97. On the same lines there is an urgent need to update the Arrest Memo Forms being used by Investigating Agencies. The forms being used now a days does not carry any specific particulars which can be got verified in a foolproof manner, without wastage of any time.
   98. One way of doing the same is by mentioning the duly verified Aadhaar Number and if possible, by appending the Aadhaar I.D. print out of the arrestee.  Such Arrest Memo shall also have a declaration by the SHO of the area that the fact that the factum of his/her arrest has been uploaded/updated in the modified UIDAI data management system.  For arrestee who does not have an Aadhar Card or registration, it can be got prepared or done even post his arrest, in no time.

Mandatory affixation of photograph of the arrestee on the Arrest Memo

1. 99. The modified Arrest Memo should have a mandatory column for affixation of front and side pose photograph of the arrestee. This can be easily achieved with the help of a web-based camera which can be attached with any Desktop/Laptop computer. Inclusion of photograph would not only bring credibility in Arrest Memo but would also come handy in the future proclamation proceedings, if any.  Also, once included in the Data Bank of National Crime Record Bureau (NCRB), the photo can be used to identify the repeat offender with the help of latest software tools which use face recognition techniques like super imposition etc.

Inclusion of all mobiles and landline connections of the arrestee in the Arrest Memo

1. 100. The Arrest Memo shall carry all mobile and landline numbers of the arrestee apart from such contact numbers of his/her parents, spouse or any other first-degree relation for future reference purposes.  Availability of mobile phone number of the suspect, arrested accused would come handy in establishing communication with him/her by the Investigating Agencies or the Courts.  Also under 'Know Your Customer' (KYC), all telecom companies are obliged to keep updated photos and other IDs of all their customers.
   101. Almost all residents of Delhi have at least one mobile phone connection in their name and almost half of the mobile phones carried by the population of Delhi are smart phones.  Once a person shares his mobile number with the investigating agency or the court during investigation or trial, apart from serving him the conventional mode of communication like summons, registered post etc. he can be served through new I.T. technology tool like Email, Facebook, Twitter, etc. For example, experience shows that in very many summons, processes issued by the Court a report is received that the accused did not meet or was not available or the house was found locked.  In case, the mobile number of the accused is available with the police or the court not only the service of a notice/summon can be made through SMS service but even if some dasti service is to be effected, the accused can be forewarned to remain present at his house at a particular time, on scheduled date for service of processes.  (Agreed by CBI & DP)

Inclusion of all other particulars of information technology communication tools like Email I.Ds, Facebook accounts, LinkedIn account and Twitter handles etc. of the arrestee in the arrest memo

1. 102. Another improvement which can be brought into the modified arrest memo is inclusion of particulars of other new age modes of communications namely Email I.Ds., Facebook accounts, LinkedIn accounts, Twitter handles, etc.  These modern days social media tools can be used for tracking and tracing an accused in case of any exigency akin to abscondance.  Such information technology modes of communication can be legally accepted as per 'e-service' provided in Delhi Electronic Service Delivery Rules. (Agreed by CBI & DP)

Inclusion of all the Bank Account particulars and Credit/Debit Cards particulars of the arrestee in the arrest memo with real time web linkage to Aadhar Card

1. 103. Another vital suggestion is to include all the Bank Accounts particulars and Credit/Debit Cards particulars of the arrestee in the arrest memo with real time web linkage to Aadhar Card data. This would go a long way in tracking an arrestee accused if he absconds. Any usage or operation of Bank account or the Credit Card, when put under surveillance, would get registered and alarm the security agencies.

Creation of a dedicated website containing particulars of all the person arrested or bailed in criminal offences

1. 104. Our country is a world leader in software and hardware development. We can use the information technological tools by creating a database of all arrested criminals and also all those who are facing Criminal Prosecutions. This would not only be handy and easily accessible to all concerned specially Security Agencies but will also act as a deterrence to the potential absconders.
   105. Such a data base can even be made accessible to the public so that the same can be used to verify the criminal antecedents or credentials of a person through a simple search process by private parties. Such a data bank can also help identify repeat offenders and serial offenders and can be an effective tool in efficient handling of crime. (Agreed by DP)

Creation of a dedicated website for all persons against whom proclamation issued or who are declared Proclaimed offenders (PO)

1. 106. Likewise we can also use the IT tools by creating a database and a dedicated Website of all absconders and Proclaimed offenders. This would go a long way in bringing in discipline in Criminal Trials. Access to this tool would help in speedy trial of justice and help tracking the absconders.  As of now there is no sure short mechanism whereby list of absconders or P.O. of a particular state can be easily accessed by police force from other States and Nations. Having a state-wise data bank apart from a national data bank of such absconders/P.O. would help all stake holders in tracking such persons and bringing them to justice. Even otherwise, absondance is a public information and as per law, an absconder/P.O. can be arrested even by non-police general citizen.  (Partly agreed by CBI)

Mandatory registration of all property owners/landlords who let their residential/ commercial or industrial property on rent

1. 107. Delhi being the national capital attracts thousands and lakhs of inbound settlers. Crimes committed by this floating population are alarmingly high. Also, the heightened national security scenario demands repeated notification of compulsory Tenant verification drives by Delhi Police. Another suggestion this Paper would like to put forth is compulsory Registration of all the Landlords and Tenants in the territory of Delhi with specific reference to Aadhaar Number.
   108. This can be done in a simple online format and also through offline procedure. Some simple practice directions can be issued in this regard. This would, upon its linkage to Aadhaar data bank, rule out frequent incidents of abscondance during criminal trials.

Execution of Section 82/83 CrPC processes to be done by an officer not below the rank of S.I., since it is now a cognizable offence, under 174A  IPC

1. 109. Since abscondance and declaration as Proclaimed offender has now become a cognizable and non-bailable offence it is imperative that the execution of Proclamations shall be accorded top priority and its credibility restored. This can be done only if the process of execution of Section 82-83 CrPC is handled by a responsible senior officer of the Police Station or by a team of dedicated officers specially assigned the job in each police district. 
   110. It is also pertinent to mention here that as per Section 82(3) CrPC a finding by the concerned Court shall be regarded as the conclusive evidence and proof of all compliance of all pre requisites of this Section. Meaning thereby there would practically no viable defence available to the accused once his proclamation is published by the Police and a satisfaction is accorded to it by the Court. As such execution reports of Sections 82 or 83 CrPC submitted by a Constable or a Head Constable cannot inspire requisite confidence as compared to a report of S.I. or above.

Mandatory photography and video recording of 82/83 CrPC proceedings and attachment of the video file with the prosecution material-

1. 111. Another tool which can add credence to the publication proceedings is photography as well as videography of the publication proceeding. This would rule out instances where it is found that the execution police official has prepared the publication report without actually visiting the house of the accused. A series of photos and a video of the house of the accused during publication of the proclamation, will rule out the instances where accusation are made that no visit was paid by the execution officer at the address of the accused. (Agreed by CBI & DP)

Mandating RWAs to keep track of floating population in their localities

1. 112. In order to bring orderliness in Criminal Justice System one measure that can be adopted is to involve the civil society in tracking the floating population of their locality.   Schemes like Bhagidari can be utilized for this propose. Residential Welfare Associations/Market Associations are being allocated funds by the Govt. of NCT of Delhi under various Schemes. They have sufficient ways and means and as such can be requested to keep track of floating population in their catchment colony and update the local P.S. about it. They can be requested to keep a list of landlords who let their residential, commercial or industrial properties on rent apart from details of their tenants.  (Agreed by CBI & DP)

Mandating the collection of residential as well as work place details of all the accused

1. 113. The antecedent verification of accused as done under Form- 12 under Punjab Police Rules, shall include not only permanent residential address verification but also past work place address verification. Many a times, ex -employers have a clue about the employees past as well as their current whereabouts. (Agreed  by CBI & DP)

Suggestions for early apprehension of Proclaimed offenders/Proclaimed Persons

1. 114. This is high time that names, addresses and pictures if any of Proclaimed offenders are made public on different governmental website i.e. NCRB, CBI, Delhi Police and other State Police. (CBI & DP agreed)
   115. There is an urgent need to create a dedicated website which contains data of all the Proclaimed offenders and Proclaimed Persons/ Absconders of each State / Union Territory in a consolidated way with details of the crime, address etc. Either it can also be integrated with the aforementioned CCTNS so that the efforts to trace proclaimed offenders are not only in States where the accused declared PO but also in the entire Nation and even the world. (CBI & DP agreed)
   116. Such website and another criminal investigation police websites shall carry a simple search box option where details of each Proclaimed offenders can be ascertained and by simply searching them with their names or other available particulars. There shall be no hesitation for the police in making names and details of the POs public so that Proclaimed offenders can be arrested by the citizens under Section 43 CrPC. (CBI & DP agreed)
   117. Police be mandated to display on their website all their Standing Orders and SOPs so as to spread awareness in the general public. (CBI has apprehensions (its Crime Manual already on Internet) & DP agreed)
   118. Delhi Police shall put in place a Digital Surveillance System whereby it shall be given an ‘see only’ access to all Digital Data of the following departments so that they can cross check if any of these 18,541 Proclaimed offenders can be digitally tracked and brought to justice. The threat perception from these 18,541 POs roaming around in Delhi fearlessly is immensely grave. The details of the departments are as under: All Nationalized and Private Banks Saving Account Holders data; All Nationalized and Private Banks Loan Account Holders data; All Nationalized and Private Banks Credit Cards Holders Data; All PAN Card holders Data; All MTNL / Private Landline holders Data; All MTNL / Private Mobile Holders Data; All Passport Holders Data; All Govt. and Private Insurance Holders Data; All Aadhar Card holders Data; All Voter cards holders data; Transport Department, Driving Licence and Vehicle Registration Data; Registrar of Death Registration Data.
   119. Once given access, there are software which can as Web Crawlers search out the POs out of large data bases. (DP agreed)
   120. Apart from the above data base, the Digital Surveillance Team of Delhi Police and CBI shall also keep vigil on social media and website like Facebook, WhatsApp, LinkedIn and Twitter etc. for searching the accused with enhanced technological tools, now persons can be tracked even through photographs. (DP agreed)
   121. All the Police Stations to display Names and Pictures of POs prominently so as to make public aware of such persons and also that public can help nabbing such POs. (DP agreed)
   122. Creation of the 3D map of all the Police Stations areas in Delhi with licensed or open-source Google maps type mapping with the help of National Informatics Centre (NIC)which will have a real time pop-up display of all the proclaimed offenders, convicts and other accused in a locality.  The pop-up shall display the image, name, address and other details in mobile/tab/pad device or laptop or desktop for usage by Police, Intelligence agencies and Judiciary only. (DP agreed)
   123. On the lines of PIN codes allotted by Postal Department to the entire length and breadth of our nation whereby a particular six-digit PIN Code identifies a fixed area, this methodology can be further used to award a Unique Address Code (UAC) whereby with the help of Postal Department and Municipal Corporations having the house records, pre-verified six-digit unique code for each address can be created.  This code can be used by the police as well as by the Judiciary for cross checking of the address for verification purposes at the time of arrest/surrender and acceptance of bonds.  (CBI & DP agreed)
   124. In case a person does not have a passport to surrender, a letter can be sent to Passport Authority of India to not to issue a passport to the accused as and when applied without clearance of the concerned SHO. (CBI & DP agreed)
   125. Note book of important rules, guidelines and regulations apart from judicial directions can be prepared for all criminal Courts for ready reference by Delhi Police as well as CBI. (CBI & DP agreed)
   126. On the lines of CBI which has posted its criminal manual on their website, Delhi Police shall also pass all its standing orders for the consumption of the Courts as well as other citizens who needs to have look at them. (CBI & DP agreed)
   127. As suggested by Delhi Police, the necessary individual information required for digital surveillance of the accused shall be obtained by each criminal court as and when applications for anticipatory bail is moved before it.  Furnishing of all necessary details for digital surveillance shall be made a pre-requisite in case of anticipatory and regular bails. (CBI & DP agreed)
   128. Mandatory usage of modified arrest and surrender form by Delhi Police in State cases and by Court in criminal cases.  (CBI & DP agreed)
   129. Interlinking of governmental / institutional databases for instant real time verification: Evidently at the time of arrest, accused furnishes his/her permanent / temporary / work place address supported by identity documents like passport, Aadhaar Card, Driving License and like. Such documents are also furnished by the surety at the time of submitting Section 441 CrPC Surety Bond before the SHO / MM / Trial Court.
   130. Such exercise has already been carried out and tested in at least following projects: eDAR National Dashboard:  Under the aegis of Artificial Intelligence Committee of Supreme Court, a decision was arrived at to use AI Tool SUPACE (Supreme Court Portal for Assistance in Court Efficiency) in various legal fields like criminal appeals, income tax matters, land acquisition cases, Negotiable Instruments Act complaints, and Motor Accident Claims.
   131. There is a need to interlink the governmental / institutional databases with the help of APIs (Application Programme Interface) with CCTNS of Police and CIS of judiciary for instant verification of documents furnished in the course of investigation / trial.
   132. A prerequisite to usage of AI Tools in these fields was availability of structural digital database of all the cases. A Sub Committee was formed by the AI Committee of Supreme Court under Chairmanship of Hon’ble Mr. Justice DN Patel, Chief Justice, High Court of Delhi, with HMJ J.R. Midha, Judge, High Court of Delhi, HMJ Paresh Upadhyay, Judge, High Court of Gujarat, Justice Retd. K. Kannan as its Member and Sh. Surinder S. Rathi as its Convener. The eDAR Dashboard is developed in such a way that it seamlessly exchanges data with CCTNS of MHA, Vahan/Saarthi of MoRTH and IIBI of IRDA and would eventually be able to push eDAR to the Case Information System, CIS 3.2 of Judiciary. This networking will help instant verification of documents thereby saving thousands of man hours currently being utilised in verification of documents like DL / RC from other states.
   133. Exchange of Data between Commercial Courts and Registrar of Companies: On a suggestion put forth by High Court of Delhi to the task force on Ease of Doing Business which is looking after enhancing the efficiency of Commercial Courts established under Commercial Courts Act, 2015, APIs were designed and exchanged between the database of CIS which is utilised by judiciary for generation of eSummons and the database of Registrar of Companies under Ministry of Commerce which accords registration to the companies under Companies Act, 2013 along with database of all the Directors of the registered companies with their DINs (Director Identification Numbers) and registered addresses. This system is now in place and is being utilised at pilot locations for instant access and verification of updated data.
   134. Exchange of Data between Commercial Courts and Revenue Department:  Likewise, as discussed supra, APIs have been exchanged between CIS of judiciary and database of Revenue Department. Such a digital real time exchange of data not only ensures that all the disputes pertaining to a particular property or a piece of land are brought to the notice of the Revenue Department but it also ensures that the Commercial Court dealing with a dispute qua a property or a piece of land also gets to know about all existing, pending and adjudged cases qua the same.
   135. eGovernance Mission Mode Project of Government of India mandated all Ministries, Departments and Public Sector Undertakings to digitize their data and day-to-day working. In so far as the eGovernance project is good two decades old, all the digitization has already been carried out by all major Ministries and Departments. Under the Bharat API initiative of Ministry of IT, Government of India, the National eGovernance Division (NeGD) 18 apex officers, 53 Ministries, 54 Departments and 86 Commissions have created their independent databases. 36 States and UTs along with other independent apex bodies, Departments, Boards, Undertakings, Statutory Bodies and Commissions are already coordinating and delivering Government to Government (G2G), Government to Business (G2B) and Government to Citizen (G2C) eServices through APIs under Digital India initiative.
   136. Taking advantage of this digital revolution, in order to tackle the menace of accused/suspect absconding during the investigation/trial, there is need to interlink the criminal justice system with the available governmental/institutional databases.
   137. Lack of comprehensive cohesive initiative in this regard has led to spiralling of crime in the city state of New Delhi. Doubling of number of proclaim offenders from 13,521 Proclaimed Offenders as in March 2010 which has now reached more than 28,000 in the year 2021.
   138. The databases which can be interlinked with CCTNS of Police and CIS of judiciary include i) VAHAN, SARATHI of MoRTH, ii) Aadhaar, iii) Bank Accounts, iv) Land records, iv) Mobile Phone records, v) Passport, vi) Insurance, vii) Income Tax and like.
   139. Creation of a dedicated Cell for Tracking and Arresting Proclaimed Offenders: Considering the fact that in the last around 10 years the number of POs in Delhi has swelled to double from 13,500 in 2010 to 28,000+ in 2021, there is a need to create a dedicated cell for digital tracking and arrest of these POs. Such cells in other States and UTs can exchange real-time data to contain these outlaws. This will help restore Law and Order and will bring down spiralling Crime.
   140. Unified Criminal Justice System (UCJS) propounds a unified software environment which connects each and every duty holder under criminal justice system in a seamless manner alongside an AI-enabled intelligent data keeping. It has the potential of bringing a dynamic unison of each and every data produced and consumed by the different stakeholders of criminal justice system. It will avoid duplicity and disparity in data keeping between stakeholders like Police, Judiciary, Prisons, Forensics, Prosecution, Legal Services and others. With intelligent use of APIs, identity of the accused can be verified instantly through Aadhaar, Voter ID and Passport databases. Address verifications can be done through Municipal and Revenue databases. Identity documents like Driving License, PAN etc. can also be verified in no time through APIs of respective databases. Details of previous arrests, prosecutions, convictions etc. can also be ascertained and utilized once digital/paperless investigation is carried out under the data keeping prototype proposed by UCJS.

The High Court deemed it appropriate and in the interest of justice to constitute a High-Powered Committee to supervise the implementation of the Guidelines. The Committee has been constituted comprising of the following members:

• Joint Secretary to be nominated by the Secretary, Ministry of Home Affairs.
• Principal Secretary (Law), Department of Law, Justice & Legislative Affairs, Government of NCT Delhi.
• Special Commissioner of Delhi Police to be nominated by Commissioner of Police.
• Additional Director of CBI to be nominated by Director, CBI.
• Joint Director (CCTNS) to be nominated by Director General of Bureau of Police Research & Development (BPR&D).
• Mr. Surinder S. Rathi, Officer of DHJS presently posted as Registrar and OSD to Hon’ble the Chief Justice of Delhi High Court, as a Convenor.
• Mr. Kanwal Jeet Arora, Officer of DHJS presently posted as Member Secretary, DSLSA.
• Mr. Shashikant Sharma, HOD, Inter-operable Criminal Justice System (ICJS), NIC.
• Mr. Nikhil Goel, Standing Counsel for CBI.
• Mr. Sanjay Lao, Standing Counsel for Delhi Police.

The Committee would also consider Unified Criminal Justice System, Research Paper filed by Mr. Surinder S. Rathi which is considered by the High Court to be valuable innovative suggestion for bringing in the much-desired efficiency in the Criminal Justice System through intelligent digitization.

Picture Source :