CrPC Section 271
Section 271 CrPC — Procedure in case of non-appearance of accused person
Text of Section 271:
271. Procedure when accused absconds.
If the accused, having been duly summoned or arrested, fails to appear before the court, the court may issue a warrant for his arrest, and may, if it thinks fit, order the case to be tried in his absence or postpone the trial.
Detailed Explanation
1. Context & Purpose:
Section 271 deals with situations where an accused person, who has been summoned or arrested and is expected to appear in court, does not show up. The law anticipates that sometimes an accused may abscond, deliberately avoid the court, or simply not appear without valid reason.
This section empowers the court to take appropriate measures to ensure justice is not delayed or denied because of the accused’s absence.
2. Key Points:
Who is it applicable to?
The accused person who has either been:
Duly summoned by the court, or
Arrested and is supposed to be produced before the court.
What happens if the accused doesn’t appear?
The court has the power to:
Issue a warrant of arrest to bring the accused forcibly to court.
Proceed with the trial in the absence of the accused if the court thinks fit.
Or postpone the trial to give another opportunity to the accused to appear.
3. When does it apply?
When the accused person is legally bound to appear before the court.
When the accused deliberately absconds or cannot be found.
After the accused has been summoned or arrested, and has not shown up as required.
4. Issuance of warrant:
The court can issue a warrant of arrest to ensure the presence of the accused.
This means law enforcement agencies can be directed to find and arrest the accused and bring them before the court.
5. Trial in absence of accused:
The court has the discretion to try the accused even if they are absent.
This is often called a "trial in absentia".
However, this discretion is exercised carefully because the accused’s right to be present at their trial is a fundamental principle of natural justice.
The court usually tries to balance the interest of justice with the rights of the accused.
6. Postponement of trial:
Instead of proceeding with the trial, the court may postpone it.
This could be done to give the accused a chance to appear voluntarily.
It also allows the court to make additional efforts to secure the presence of the accused.
Summary:
Section 271 CrPC provides the court with powers to handle situations when an accused person, who is legally bound to appear in court, absconds or fails to show up:
The court can order the arrest of the accused.
It may proceed with the trial even without the accused, if it considers it appropriate.
Or it can postpone the trial to allow the accused another chance to appear.
This section helps prevent delays and ensures the smooth administration of justice even if the accused tries to evade court proceedings.
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