When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may after giving thirty days’ time to the complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.
Section 272 BNSS: Absence of complainant
- Corresponding CrPC
- Section 249 CrPC
Bare Act text
Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.
In simple words
Where proceedings began on a complaint and the complainant is absent on a hearing day, the Magistrate may, if the offence is compoundable or non-cognizable, discharge the accused at any time before charge is framed. The Magistrate must first give the complainant a period of time to be present, and the power is discretionary.
Chapter XX: Trial Of Warrant-cases By Magistrates
- 261 Compliance with section 230
- 262 When accused shall be discharged
- 263 Framing of charge
- 264 Conviction on plea of guilty
- 265 Evidence for prosecution
- 266 Evidence for defence
- 267 Evidence for prosecution
- 268 When accused shall be discharged
- 269 Procedure where accused is not discharged
- 270 Evidence for defence
- 271 Acquittal or conviction
- 272 Absence of complainant
- 273 Compensation for accusation without reasonable cause