Arrested After 15 Years: Can Police Still Arrest You for an Old Case? What the Law Says

What happened?

Delhi Police say they have arrested two brothers who were on the run for nearly 15 years. This is according to reports by ThePrint, JBT News, Newshub and KNews India.

The brothers are aged 47 and 46. Police say the Crime Branch caught them in Hooghly, West Bengal, on the night of 1 and 2 October 2026.

The case was registered in 2011 at the Kotwali police station. Police say jewellers trusted the brothers, who make jewellery, with 1,430 grams of gold and diamonds. Two reports put the diamonds at 560 carats.

Police say the men used the goods for their own business plans and left Delhi. Courts declared them proclaimed offenders (formally named absconders). A reward of Rs 10,000 each was announced in 2012.

Can police arrest you after 15 years?

Yes. For serious offences, there is no time limit on an arrest or a trial.

BNSS (the new law on criminal procedure) sets a limit only for small offences. Under section 514, a court cannot take cognizance (start on a case) after 6 months if the offence has a fine only. The limit is 1 year for jail up to 1 year, and 3 years for jail up to 3 years.

An offence with more than 3 years’ jail has no such limit. The old case stays open until it ends.

What does 'proclaimed offender' mean?

When an accused hides, a court can issue a warrant. If it cannot be served, the court can publish a proclamation (a public notice) under BNSS section 84. It tells the person to appear in 30 days or more.

For offences with 10 years or more, section 84(4) lets the court pronounce a proclaimed offender. Under section 85, the court can attach (seize) the person’s property.

The reports do not give the sections in this FIR. ‘Proclaimed offender’ is the police’s term.

Can the trial go on without the accused?

Yes, in some cases. BNSS section 356 lets a court try a proclaimed offender in his absence.

The court must first issue two warrants at least 30 days apart. It must publish a newspaper notice. It can start only 90 days after charges are framed.

The accused gets a State-paid lawyer if he has none. If caught mid-trial, he may be allowed to lead evidence.

Which laws could apply?

The reports do not give the sections. A 2011 case runs under the law of that time (IPC and CrPC), as BNSS section 531 keeps old cases under the old code. Here is the same idea in today’s BNS.

Criminal breach of trust (BNS section 316) is when a person trusted with property dishonestly uses it as their own. The basic offence can mean up to 5 years, or a fine, or both.

For a clerk or servant, section 316(4) can mean up to 7 years and a fine. It is cognizable (police can arrest without a court’s permission) and non-bailable (bail is not a right).

All this applies only if the allegations are proved. The accused are presumed innocent till then.

Can they get bail?

The court decides bail in a non-bailable case. BNSS section 480 lets a magistrate grant it unless the offence carries death or life in jail.

Courts weigh the risk of running away.

What happens next?

The brothers must be produced before a magistrate within 24 hours. Police can ask for custody to question them.

The trial then goes on from where it stopped.

Rights of the accused and of the complainant

An arrested person must be told the grounds of arrest (BNSS section 47). They can meet a lawyer and apply for bail.

The person who lost property can follow the case and give evidence.