CrPC Section 460
📜 Section 460 CrPC – Procedure when judgment is delivered ex parte
Text of Section 460:
"Where a judgment has been pronounced in the absence of the accused or the accused's pleader, the Court shall, on the application of the accused, if made within ninety days from the date of the judgment, and if it is satisfied that the accused was prevented by sufficient cause from appearing when the judgment was pronounced, reopen the case and rehear it or make such other order as it thinks fit."
🔍 Explanation of Section 460 CrPC
✅ 1. Context and Purpose
Section 460 deals with situations where a judgment has been pronounced ex parte, i.e., in the absence of the accused or their lawyer.
Sometimes, a court may deliver a judgment because the accused was absent.
This section provides a legal remedy to the accused to apply for the case to be reopened.
✅ 2. Key Points of Section 460
| Aspect | Explanation |
|---|---|
| When it applies | When judgment is given in absence of accused or their advocate (ex parte judgment). |
| Time limit for application | The accused must apply within 90 days from the date of judgment. |
| Condition for reopening | The court must be satisfied that the accused was prevented by sufficient cause from appearing at the time judgment was pronounced. |
| Court’s power | The court may either reopen and rehear the case or make any other order it deems fit. |
✅ 3. Meaning of Key Terms
Ex parte judgment: Judgment given when one party (here, the accused) is not present in court.
Sufficient cause: A valid and reasonable explanation for absence, such as illness, unforeseen circumstances, lack of knowledge about the date, etc.
✅ 4. Practical Effect
This section safeguards the right to a fair trial.
If the accused was genuinely unable to appear, they get a second chance to be heard.
It prevents miscarriage of justice due to accidental or unavoidable absence.
✅ 5. Procedure
The accused or their advocate must apply to the same court that gave the ex parte judgment.
The application must be made within 90 days.
The court will then examine the reasons for absence.
If convinced, the court will set aside the ex parte judgment and rehear the case.
✅ 6. Illustration
Suppose the accused was sick and could not attend the hearing, and the court gave a judgment against them in their absence.
The accused learns about the judgment and applies under Section 460 within 90 days.
They provide medical evidence explaining their absence.
The court accepts the reason as sufficient cause.
The court reopens the case and allows the accused to present their defense.
🧠 Key Takeaways
| Point | Explanation |
|---|---|
| Protects accused’s right | Ensures accused are heard and judgments are not unfairly passed |
| Time-bound relief | Application must be within 90 days of judgment |
| Court’s discretion | Court can reopen case or pass other appropriate orders |
| Requires proof | Accused must show sufficient cause for absence |
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