CrPC Section 493
CrPC Section 493 – Procedure when an accused cannot be found
Plain English Meaning
This section deals with situations when a person accused of a crime cannot be found despite efforts by the court.
Section 493 essentially says:
If an accused person cannot be found, the court may proceed with the case in their absence by following certain legal procedures, such as issuing a proclamation or public notice.
In simpler terms:
If someone is accused of a crime but escapes or hides, the court has the power to notify them officially and continue the case even if they do not appear.
The goal is to ensure that justice is not delayed just because the accused is absent.
Key Points
When it applies:
The accused is not present in the court and their whereabouts are unknown.
The court must make reasonable efforts to find them.
What the court does:
Issues a proclamation or public notice requiring the accused to appear.
Specifies a time period within which the accused must appear.
If the accused fails to appear within that period, the court may proceed with the trial in absentia.
Purpose:
Prevents the accused from delaying justice by hiding.
Ensures the trial can continue without indefinite postponement.
Connection with other sections:
Works along with Sections 482–495 of CrPC, which deal with trials of absconding accused and procedures for issuing warrants or proclamations.
Example
Example 1:
A person is accused of theft but cannot be found after repeated attempts by police.
The court issues a public notice in newspapers asking the accused to appear.
If the accused still does not appear, the court may proceed with the trial without them.
Example 2:
A person is charged with assault and absconds from their city.
The court may issue a proclamation calling the person to appear within 30 days.
Trial can continue even if the accused remains absent after the notice period.
Summary
Section 493 CrPC ensures that cases do not stall just because the accused is hiding.
The court issues a proclamation or notice, giving the accused a chance to appear.
If the accused fails to appear, the trial can continue in their absence.
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