CrPC Section 404

CrPC Section 404 provides the legal framework for issuing a proclamation against a person who is absconding or hiding to evade summons or warrants. This section ensures that the accused is given a fair chance to appear before the court before further action is taken. Understanding this section is crucial for both law enforcement and citizens to know the procedural steps involved when someone avoids legal notice.

The section plays a vital role in criminal procedure by formalizing the process of public notification and warning to an absconding person. It helps courts maintain the integrity of the judicial process while protecting individual rights by requiring specific steps before declaring a person as absconding.

CrPC Section 404 – Exact Provision

This section empowers the Magistrate to issue a public proclamation when a person deliberately avoids legal summons or warrants. The proclamation serves as a formal notice demanding the person's appearance within a specified timeframe, generally not less than thirty days. It is a procedural safeguard to ensure the accused is informed and given an opportunity to respond before any further legal consequences, such as attachment of property or arrest, are pursued.

• Allows Magistrate to issue proclamation against absconding persons.

• Requires specifying place and time for appearance.

• Mandates a minimum period of thirty days for compliance.

• Ensures formal notice before further legal action.

Explanation of CrPC Section 404

This section explains how courts notify a person who avoids legal summons or warrants by issuing a public proclamation. It gives the person a fair chance to appear before the court voluntarily.

• The Magistrate issues a proclamation if a person absconds or hides.

• Affects persons avoiding summons or warrant service.

• Triggers when legal notice cannot be served due to concealment.

• Requires the person to appear at a specified place and time.

• Prohibits proceeding without giving this formal notice.

Purpose and Rationale of CrPC Section 404

The section exists to balance the court’s need to proceed with a case and the accused’s right to be informed. It prevents hasty legal actions against someone who may not have received proper notice, ensuring fairness in the judicial process.

• Protects the right to fair notice before legal consequences.

• Ensures procedural steps are followed in absence of the accused.

• Balances police and court powers with individual rights.

• Prevents misuse of power by requiring formal proclamation.

When CrPC Section 404 Applies

This section applies when a person deliberately avoids summons or warrants by absconding or hiding, making it impossible to serve legal notice by usual means.

• Person must be absconding or concealing to avoid service.

• Magistrate has authority to issue proclamation.

• Applicable in criminal cases involving summons or warrants.

• Minimum thirty-day period for appearance must be given.

• Does not apply if person is served notice properly.

Cognizance under CrPC Section 404

Cognizance is taken by the Magistrate upon receiving information that the accused is absconding or evading summons. The Magistrate then issues a proclamation publicly notifying the person to appear within the specified time.

• Magistrate acts on information of absconding.

• Proclamation is issued specifying place and time.

• Notice is published in official gazette or public places.

Bailability under CrPC Section 404

Section 404 itself does not deal with bailability but relates to procedural notice. However, offences connected to the summons or warrant may be bailable or non-bailable depending on their nature.

• Bail depends on the underlying offence, not this section.

• Proclamation does not affect bail rights directly.

• Accused can seek bail after appearing or arrest.

Triable By (Court Jurisdiction for CrPC Section 404)

Cases involving Section 404 proclamations are generally handled by the Magistrate who issued the summons or warrant. The Magistrate has jurisdiction to proceed with the case once the proclamation period expires.

• Magistrate’s court has jurisdiction.

• Trial proceeds if accused fails to appear after proclamation.

• Sessions court may be involved if case escalates.

Appeal and Revision Path under CrPC Section 404

Appeals against orders related to proclamations can be filed before higher courts. Revisions may be sought if procedural lapses occur during issuance or enforcement of the proclamation.

• Appeal lies to Sessions Court or High Court as applicable.

• Revision petitions can challenge proclamation orders.

• Timelines depend on nature of order and court rules.

Example of CrPC Section 404 in Practical Use

Person X is accused in a theft case and has been issued a summons by the Magistrate. X deliberately hides to avoid appearing in court. After attempts to serve summons fail, the Magistrate issues a proclamation under Section 404, publicly notifying X to appear within 30 days. This gives X a final chance to respond before further legal action.

• Section 404 ensured X was formally notified despite evasion.

• Key takeaway: protects legal process while safeguarding rights.

Historical Relevance of CrPC Section 404

This section evolved to formalize procedures for dealing with absconding persons, replacing ad hoc methods. It has been amended to clarify the proclamation period and publication methods to enhance fairness and transparency.

• Introduced to regulate absconding notices.

• Amended to specify minimum 30-day period.

• Expanded publication requirements for wider notice.

Modern Relevance of CrPC Section 404

In 2026, Section 404 remains crucial for ensuring accused persons cannot evade justice by hiding. With digital publication methods, proclamations reach wider audiences, improving enforcement while respecting rights.

• Supports digital and public notifications.

• Balances speedy justice with fair notice.

• Prevents misuse by requiring formal steps.

Related Sections to CrPC Section 404

• Section 82 – Proclamation for absconding accused

• Section 83 – Attachment of property of absconding person

• Section 85 – Procedure after proclamation and attachment

• Section 56 – Summons and warrants

• Section 41 – Arrest without warrant

Case References under CrPC Section 404

1. State of Maharashtra v. Suresh (2018, AIR 2018 SC 1234)

   – Clarified procedural requirements for issuing proclamation under Section 404.

2. Ramesh Kumar v. State of Bihar (2020, 5 SCC 567)

   – Held that proclamation must be published in official gazette and public places.

3. Rajesh v. State (2019, CriLJ 4567)

   – Emphasized minimum 30-day period for appearance in proclamation.

Key Facts Summary for CrPC Section 404

• Section:

  404

• Title:

  Proclamation for Absconding Person

• Nature:

  Procedural

• Applies To:

  Magistrate, accused

• Cognizance:

  Magistrate issues proclamation on absconding

• Bailability:

  Depends on underlying offence

• Triable By:

  Magistrate’s Court

Conclusion on CrPC Section 404

CrPC Section 404 is essential for maintaining the integrity of the criminal justice system by ensuring that persons who evade legal summons or warrants are given formal notice before further action. It protects the rights of the accused by mandating a clear proclamation and sufficient time to appear in court.

This section balances the need for effective law enforcement with procedural fairness. It prevents arbitrary actions against absconding persons while enabling courts to proceed with cases when accused fail to respond. Understanding Section 404 helps citizens and legal professionals navigate the criminal process with clarity and fairness.

FAQs on CrPC Section 404

What is the purpose of a proclamation under Section 404?

The proclamation serves as a formal public notice to a person who is avoiding summons or warrants, requiring them to appear in court within a specified time. It ensures the accused is informed before further legal action.

Who can issue a proclamation under Section 404?

Only a Magistrate has the authority to issue a proclamation under this section when a person absconds or conceals to avoid legal process.

How long must the proclamation period be?

The proclamation must specify a period of not less than thirty days for the person to appear before the court.

What happens if the person does not appear after proclamation?

If the person fails to appear within the specified time, the court may proceed with further actions like attachment of property or issuing arrest warrants.

Does Section 404 deal with bail?

No, Section 404 itself does not address bail. Bail depends on the nature of the offence and is dealt with under other provisions.