BNSS Section 279 — Non-appearance or death of complainant

CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES

Criminal

Summary

If a person who filed a complaint does not show up in court on the day the accused is supposed to appear, or on any later hearing date, the Magistrate must give that complainant 30 days to appear. If the complainant still does not appear after that time, the Magistrate must acquit the accused, unless the Magistrate decides to postpone the hearing for another day. However, if the complainant has a lawyer or a prosecution officer present, or if the Magistrate decides the complainant’s personal presence is not needed, the case can continue without the complainant. These same rules also apply if the complainant has died and therefore cannot appear.

Official 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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.8 p.785 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §256 — Non-appearance or death of complainant