CrPC Section 478
CrPC Section 478 – Power of Court to proceed in absence of accused in certain cases
Plain English Meaning
This section deals with situations where a person accused of a bailable or non-bailable offense is absent after being summoned, and the court has the power to proceed with the trial in their absence under certain conditions.
Section 478 essentially says:
If a person accused of an offense is absent, the court may proceed with the trial after following the procedure of issuing a summons or warrant and ensuring that proper notice has been given.
In simpler terms:
The court can continue the trial even if the accused does not appear, provided it has issued the necessary summons or notices.
The purpose is to prevent unnecessary delay in criminal proceedings.
Key Points
When it applies:
The accused has been summoned by the court but does not appear.
This section can apply to offenses that are bailable or non-bailable.
Court Procedure:
Court must ensure proper notice or summons has been served.
If the accused still does not appear, the court may proceed with the trial in their absence.
Objective:
Prevents accused persons from deliberately avoiding trial.
Ensures that justice is not delayed due to the absence of the accused.
Connection with other sections:
Works with Sections 456–471 CrPC, which deal with summons, warrants, and trials in absentia.
Example
Example 1:
A person is accused of cheating and has been summoned to court.
The person does not appear despite proper notice.
Court can continue the trial and record evidence in their absence.
Example 2:
An accused charged with assault avoids attending court.
After issuing a summons and giving reasonable time to appear, the court may proceed with the trial.
Summary
Section 478 CrPC allows courts to proceed with a trial even if the accused is absent, provided proper summons or notice is given.
The purpose is to ensure timely administration of justice and prevent delay caused by absconding or avoiding accused.
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