Section 272 BNSS: Absence of complainant (Formerly Section 249 CrPC)

Section 272 of Bharatiya Nagarik Suraksha Sanhita, 2023: Absence of complainant

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 272

Section 272 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the judgment of acquittal or conviction by Magistrates in warrant-cases instituted on a police report.

Framing & Alteration of Charges: Section 272 provides that if, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, they shall record an order of acquittal.
Sub-Section (2) Provision: Sub-section (2) mandates that where the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of Section 401 (probation), they shall, after hearing the accused on the question of sentence, pass sentence on them according to law.

Key Landmark Precedents:

Santa Singh v. State of Punjab (1976) 4 SCC 190: The Supreme Court held that hearing on the question of sentence is a mandatory statutory requirement across all trial formats; omission to hear the convict on mitigating circumstances vitiates the sentence.
Tulsiram v. State of M.P. (1993) Supp (1) SCC 419: Affirmed that an acquittal must be recorded with reasoned appreciation of evidence, giving the accused the benefit of every reasonable doubt.

Legal Commentary:

Section 272 concludes the trial in warrant cases. The Magistrate must deliver a comprehensive, reasoned judgment evaluating each prosecution witness and physical exhibit, and provide a dedicated sentencing hearing in the event of conviction.