CrPC Section 256 — Non-appearance or death of complainant

CHAPTER XX TRIAL OF SUMMONS-CASES BY MAGISTRATES

General

Summary

Sub-section (1) says that if a summons was issued on a complaint and the complainant does not appear on the date set for the accused to appear, or on a later date to which the hearing has been adjourned, the Magistrate must acquit the accused unless the Magistrate thinks there is a reason to adjourn the hearing to another day. Under the proviso, if the complainant is represented by a pleader or the officer conducting the prosecution, or the Magistrate considers the complainant’s personal attendance unnecessary, the Magistrate may excuse the complainant from attending and continue the case.

Sub-section (2) says that, as far as applicable, the same provisions apply when the complainant’s non-appearance is due to the complainant’s death.

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, 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 a pleader 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

  • S. ANAND vs VASUMATHI CHANDRASEKAR — Supreme Court of India (2008)
  • CHAND DEVI DAGA & ORS. vs MANJU K. HUMATANI & ORS — Supreme Court of India (2017)
  • RANJIT SARKAR vs RAVI GANESH BHARDWAJ AND OTHERS — Supreme Court of India (2025)
  • ASSOCIATED CEMENT COMPANY LTD. vs KESHVANAND — Supreme Court of India (1997)

Old <-> New Code Mapping

  • BNSS §279 — Non-appearance or death of complainant