The law in India is that in a case a criminal case registered against an individual or a criminal trial is going on against an individual. In case, the said person jumps the bail or cannot be arrested by the police in the ordinary course and finally the police gives a report that they are unable to trace the person and an application is made by them to that effect on the basis of which the court passes an order that the person may be duly informed by way of affixing a proclamation outside the house of such person and if such person does not appear with in 30 days from affixing of such proclamation, such a person is declared proclaimed offender/proclaimed person. The effect of being declared proclaimed offender/person is that any police irrespective of the State, Police Station is competent to arrest such a person wherever they find and in case of Non-Resident Indians it is often seen that a person who has gone abroad and the FIR has been registered even after the person has already left the India. In those situations also, the police gives the report that the person is willfully trying to run away from the procedure of law and therefore such a person be declared proclaimed offender/proclaimed person. Once it is so when an individual comes from abroad to India, if he does not know about such a declaration being against him, he is arrested at the Airport itself since the list of proclaimed offenders/proclaimed persons is being circulated to all the immigration authorities as well.
Therefore, in order to save a person from such an ordeal, we often file case in the High Court for setting aside of such orders of proclamation as well as seek an anticipatory bail for such a person for the offence he is being charged. The anticipatory bail is a provision of law under which a person can be granted bail before he is being arrested. In other words, in anticipation of arrest, the bail is granted before hand by the court.
It is has been often in the dowry cases, the girl make such complaints against boy and his family members, as a result of which they are declared proclaimed offender since they are living abroad and they find this difficulty when they want to come back to India.