CrPC Section 473
CrPC Section 473 — Setting aside ex parte orders
Core idea: Section 473 of the Code of Criminal Procedure (CrPC) allows a court to set aside an ex parte order or judgment if the person affected was not properly heard or was prevented from appearing for valid reasons.
An ex parte order is one passed in the absence of a party—usually the accused or a person affected—when they fail to appear in court. Section 473 ensures that justice is not denied due to non-appearance caused by valid reasons.
Key points of Section 473
Purpose:
To prevent injustice when an order or judgment is passed without hearing a party.
Ensures fair trial principles are maintained.
Conditions for invoking Section 473:
The party was prevented from appearing due to sufficient cause (e.g., illness, accident, or unavoidable circumstances).
The ex parte order prejudiced the party.
Application must be made promptly, showing valid reasons for absence.
Power of the court:
The court can reopen the case, set aside the ex parte order, and allow the absent party to be heard.
The court may recall witnesses, documents, or evidence if necessary.
Example
A person is accused of theft and a court passes a conviction order because the accused did not appear on the hearing date.
The accused was hospitalized and could not attend court.
The accused can file an application under Section 473, showing valid reasons for absence.
The court may set aside the ex parte conviction and allow the accused to defend themselves.
Important Points
Section 473 is remedial, not punitive.
The court has discretion, but must act fairly and reasonably.
Timely application is crucial; delay may be a ground for rejection.
Applies to all ex parte orders, including:
Summons
Conviction
Fines
Orders for attachment or property
RELATED Blog
0 comments