CrPC Section 476
CrPC Section 476 – Procedure when accused cannot be found
Text of Section 476 (simplified):
"When a person accused of a non-cognizable offence cannot be found, the court may proceed with the trial in their absence, following certain conditions."
Explanation:
Key Concepts:
Accused: The person charged with an offence.
Non-cognizable offence: An offence for which the police cannot register a case without prior permission of a magistrate (e.g., minor offences).
Trial in absence: Court can continue the case even if the accused is not present, under strict conditions.
Purpose of Section 476:
To ensure justice is not delayed when the accused cannot be found.
Allows courts to proceed in a fair manner, protecting both the public interest and the rights of the accused.
Procedure under Section 476:
If the accused cannot be located, the court may:
Issue a notice to the accused at their last known address.
Wait for a reasonable period for the accused to appear.
If the accused still does not appear, the court may proceed with the trial in their absence.
Evidence and proceedings continue, but the court must ensure fairness.
Legal Effect:
Protects the continuity of justice even when the accused is absent.
The accused may appeal later if they provide a valid reason for absence.
Usually applicable for less serious offences, not for major offences involving severe punishment.
✅ In short:
Section 476 allows the court to continue a trial for non-cognizable offences even if the accused cannot be found, ensuring justice is delivered while safeguarding fairness.
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