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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXI: Trial Of Summons-cases By Magistrates

Section 279 BNSS: Non-appearance or death of complainant

Corresponding CrPC
Section 256 CrPC

Bare Act text

(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days’ time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:

Provided that where the complainant is represented by an advocate or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may, dispense with his attendance and proceed with the case.

(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.

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

In a summons-case begun on a complaint, if the complainant does not appear on the day fixed or an adjourned day, the Magistrate acquits the accused after giving the complainant a period of time to be present, unless he thinks it proper to adjourn. The section also addresses the position where the complainant is represented or has died.

Chapter XXI: Trial Of Summons-cases By Magistrates

  1. 274 Substance of accusation to be stated
  2. 275 Conviction on plea of guilty
  3. 276 Conviction on plea of guilty in absence of accused in petty cases
  4. 277 Procedure when not convicted
  5. 278 Acquittal or conviction
  6. 279 Non-appearance or death of complainant
  7. 280 Withdrawal of complaint
  8. 281 Power to stop proceedings in certain cases
  9. 282 Power of Court to convert summons-cases into warrant-cases