CrPC Section 474
CrPC Section 474 – Procedure when accused is described by a false name
Plain English Meaning
This section deals with cases where a person is accused under a false or fictitious name.
Section 474 essentially says:
If a person is accused of an offense but is described under a false name in the complaint, the court may proceed against the person as if the true name had been used, provided it is later discovered who the real accused is.
In simpler terms:
Sometimes the identity of the accused is not correctly known at the time of filing the complaint.
The law allows the court to continue the trial even if the initial complaint used a wrong or fictitious name, as long as the real identity is later established.
The proceedings are not invalidated just because the accused was initially described incorrectly.
Key Points
When it applies:
When the complaint, FIR, or charge sheet uses a false name for the accused.
When the real identity of the accused is later discovered.
Court Procedure:
The court may substitute the correct name of the accused in the records.
The trial continues against the actual person without starting over.
Purpose:
To avoid unnecessary delay in criminal proceedings.
Ensures that technical errors in naming do not let the accused escape justice.
Connection with other sections:
Works with Sections 472–476 CrPC, which deal with amendments to charges or complaints when names or details are incorrectly mentioned.
Example
Example 1:
A complaint is filed against “John Doe” for theft.
Later, it is discovered that the real accused is “Jonathan Smith.”
The court can continue the trial against Jonathan Smith under Section 474, treating him as the accused despite the initial wrong name.
Example 2:
A fraud case lists the accused as “X” because the victim did not know the real name.
Once the police identify the real person, the court substitutes the correct name, and the trial proceeds normally.
Summary
Section 474 CrPC allows courts to proceed against a person even if initially described under a false name.
Ensures technical mistakes in naming do not obstruct justice.
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