CrPC Section 253
Section 253 — Power to convict when accused does not appear or fails to produce evidence
🔹 What does Section 253 say?
When a warrant case is tried otherwise than on a police report and the accused, after being called upon to enter his defence, either:
Does not appear in court; or
Appears but does not produce evidence in his defence;
the court can proceed to convict the accused based on the evidence already produced by the prosecution.
🔸 Explanation and key points:
This section applies when the case is instituted otherwise than on a police report (i.e., the case may have been initiated on a complaint or private information).
The accused must have been given a chance to present his defence (per Section 242).
If the accused fails to appear or produce evidence, the court is empowered to proceed to decide the case based on the prosecution's evidence without further delay.
This prevents the accused from stalling the trial by simply not participating or refusing to present defence evidence.
The court should be satisfied that the accused has been duly called to present his defence.
✅ Summary Table
| Condition for Section 253 to apply | Court’s Power/Action |
|---|---|
| Accused does not appear after called to enter defence | Court may convict based on prosecution evidence |
| Accused appears but does not produce evidence | Court may convict based on prosecution evidence |
In short:
If the accused doesn't show up or fails to give his side of the story after the chance is given, the court can convict him just based on the prosecution's evidence.
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