CrPC Section 485
CrPC Section 485 – Procedure when accused cannot be found
Text of Section 485 (simplified):
“When a person accused of an offence cannot be found, the Magistrate may issue a proclamation requiring the person to appear at a certain time and place. If the person fails to appear, the Magistrate may declare them to be an absconder and proceed according to law.”
Detailed Explanation
Nature of Section 485:
This section deals with situations where a person accused of a crime is evading the court or cannot be found.
It gives the Magistrate powers to ensure the accused is brought to justice even in their absence.
Key Points:
A. When It Applies:
The accused cannot be located despite reasonable efforts.
Typically used in serious cases where appearance in court is necessary.
Proclamation:
The Magistrate issues an official notice, called a proclamation, requiring the accused to appear at a specified time and place.
The proclamation is published in official gazettes and local areas to inform the public.
Declaration of Absconder:
If the accused fails to appear despite the proclamation, the Magistrate can declare the person an absconder.
Being declared an absconder allows the court to take special measures to secure their arrest.
Sections 482 to 488 of CrPC also deal with proclamation, attachment of property, and securing appearance of absconding accused.
Section 485 specifically authorizes the proclamation before declaring the accused an absconder.
Purpose:
To ensure the accused does not evade justice.
To allow the court to start legal actions even if the person is absconding.
Helps in preventing misuse of legal procedures by the accused to delay trial.
Example:
A person accused of theft cannot be found at their address.
The Magistrate issues a proclamation in the local area and official gazette requiring them to appear in court.
The accused still does not appear.
The Magistrate can declare the person an absconder, and the police can arrest them to face trial.
✅ In short:
CrPC Section 485 provides a legal procedure for dealing with accused persons who cannot be found, ensuring that the judicial process is not stalled by absconding individuals.
If you want, I can also explain CrPC Sections 482–488 together, since they all deal with proclamation, absconding accused, and procedures to secure their appearance, which gives a complete picture of this process.
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