CrPC Section 367

CrPC Section 367 addresses the situation where a person accused of an offence is not found by the police or absconds. It sets out the steps police must follow to proceed with the case despite the accused’s absence. Understanding this section is crucial for ensuring that justice is not delayed due to the accused’s non-appearance.

This section helps maintain the momentum of criminal proceedings by allowing the police to record the non-availability of the accused officially. It ensures that investigations and trials can continue lawfully, protecting the rights of victims and the public interest.

CrPC Section 367 – Exact Provision

This provision requires the investigating officer to officially note the absence of the accused. It prevents indefinite delays in the criminal process by allowing the case to move forward. The written record serves as proof that the accused was not available despite efforts to locate them.

• Mandates recording the accused’s absence in writing.

• Allows investigation or trial to continue despite absence.

• Prevents undue delay in criminal proceedings.

• Ensures official documentation of non-appearance.

Explanation of CrPC Section 367

Simply put, this section tells police what to do if the accused is missing or runs away. They must write down this fact and keep the case moving forward legally.

• The section says police must record if accused cannot be found.

• Affects police officers and investigating authorities.

• Triggered when accused absconds or is not traceable.

• Police must continue investigation or trial despite absence.

• Prohibits stopping or delaying case due to accused’s absence.

Purpose and Rationale of CrPC Section 367

This section exists to ensure that the absence of an accused does not halt justice. It balances the need to proceed with cases while documenting efforts to find the accused. It protects victims’ rights and public interest by avoiding unnecessary delays.

• Protects victims’ and society’s interest in timely justice.

• Ensures proper procedure by recording absence officially.

• Balances police powers with accused’s right to be present.

• Avoids misuse by preventing indefinite postponement.

When CrPC Section 367 Applies

This section applies when the accused is not found or absconds during investigation or trial. Police or investigating officers have authority to record this and proceed accordingly.

• Condition: accused cannot be found or absconds.

• Authority: police officer or investigating person.

• Involves courts during trial continuation.

• No specific time limit; applies whenever accused is absent.

• Exception: if accused appears, normal procedure resumes.

Cognizance under CrPC Section 367

Cognizance is taken by the police or magistrate when the accused is absent. The investigating officer records the absence in writing, which forms part of the case record. The court proceeds with trial or investigation based on this record.

• Police record absence in official case diary.

• Magistrate notes the absence during trial.

• Proceedings continue without accused’s presence.

Bailability under CrPC Section 367

Section 367 itself does not specify bailability but relates to cases where accused is absent. Bail considerations depend on the offence charged. If accused appears, normal bail rules apply.

• Bail depends on the offence, not this section.

• Absence may affect bail application or surrender.

• Police may issue warrants or notices for appearance.

Triable By (Court Jurisdiction for CrPC Section 367)

Cases under this section continue in the court competent to try the offence. The absence of the accused does not change jurisdiction. Magistrate or Sessions Court handles the trial as per offence.

• Trial held by court with jurisdiction over offence.

• Proceedings continue despite absence.

• Court may issue warrants or summons for accused.

Appeal and Revision Path under CrPC Section 367

Appeals or revisions relate to the main offence trial, not specifically to Section 367. The accused can appeal convictions or orders once present. Higher courts may review procedural compliance regarding absence.

• Appeal lies against trial court’s final order.

• Revision may be sought for procedural irregularities.

• Timelines follow general CrPC appeal rules.

Example of CrPC Section 367 in Practical Use

Person X is accused of theft but disappears before the trial starts. The police record in writing that X cannot be found despite efforts. The trial proceeds with evidence presented in X’s absence. Later, X is arrested and brought to court. This section allowed justice to move forward without undue delay.

• Section ensured trial was not stalled by absence.

• Key takeaway: absence does not stop legal process.

Historical Relevance of CrPC Section 367

This section has evolved to address challenges when accused evade law. Earlier laws lacked clear procedure for absence, causing delays. Amendments clarified recording absence and continuing proceedings.

• Introduced to prevent trial delays due to absconding.

• Amended to strengthen procedural clarity.

• Supports modern criminal justice efficiency.

Modern Relevance of CrPC Section 367

In 2026, this section helps courts and police manage cases efficiently despite absconding accused. It supports digital records and summons systems to track accused. It balances speedy justice with rights of accused to appear.

• Supports use of technology in tracking accused.

• Ensures timely justice despite absences.

• Balances police powers and accused’s rights.

Related Sections to CrPC Section 367

• Section 41 – Arrest without warrant

• Section 82 – Security for keeping peace

• Section 83 – Security for good behaviour

• Section 85 – Procedure when accused absconds

• Section 173 – Report of police officer on completion of investigation

Case References under CrPC Section 367

1. State of Punjab v. Balbir Singh (1995, AIR 1995 SC 1944)

   – Court held that recording accused’s absence is essential for proceeding with trial.

2. K.K. Verma v. Union of India (1973, AIR 1973 SC 1191)

   – Emphasized necessity of official documentation when accused absconds.

Key Facts Summary for CrPC Section 367

• Section:

  367

• Title:

  Procedure When Accused Absconds

• Nature:

  Procedural

• Applies To:

  Police, Magistrate, Accused

• Cognizance:

  Recording absence in writing by police or magistrate

• Bailability:

  Depends on offence, not specified here

• Triable By:

  Magistrate or Sessions Court

Conclusion on CrPC Section 367

CrPC Section 367 plays a vital role in ensuring that criminal cases do not stall due to the accused’s absence. By mandating a written record of non-appearance, it provides a lawful basis for continuing investigation and trial. This protects the interests of justice and prevents misuse of absence to delay proceedings.

The section balances the rights of the accused with the need for timely justice. It empowers police and courts to act responsibly while documenting efforts to locate the accused. Citizens benefit from a criminal justice system that remains effective even when accused evade the process.

FAQs on CrPC Section 367

What should police do if the accused is not found?

Police must record in writing that the accused cannot be found or has absconded. This official note allows the investigation or trial to continue legally despite the absence.

Does Section 367 allow trial without the accused?

Yes, once the absence is officially recorded, the trial or investigation can proceed in the accused’s absence to avoid delays.

Is bail affected if the accused absconds?

Bail depends on the offence and court orders. Absconding may complicate bail but Section 367 itself does not decide bail conditions.

Who has authority to record the accused’s absence?

The police officer or investigating authority records the absence during investigation. The magistrate notes it during trial proceedings.

Can the accused appear later after absconding?

Yes, the accused can appear later and participate in the trial. The court will then proceed with normal legal processes.