Section 279 BNSS: Non-appearance or death of complainant (Formerly Section 256 CrPC)

Section 279 of Bharatiya Nagarik Suraksha Sanhita, 2023: Non-appearance or death of complainant

Official Bare Act Text

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

(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.

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 279

Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 256 of the CrPC, 1973) dictates the consequences of the complainant's non-appearance or death on the day appointed for the appearance of the accused or hearing in a summons trial.

Default Rule of Acquittal: If the complainant does not appear on the scheduled hearing date, the Magistrate shall acquit the accused unless the hearing is adjourned for some reason.
Exemption of Personal Attendance: Where the complainant is represented by an advocate or the Magistrate thinks personal attendance is unnecessary, the Magistrate may dispense with attendance and proceed with the trial.
Death of Complainant: The death of the complainant does not cause automatic abatement; legal heirs or an authorized substitute may seek leave under Section 339 to carry forward the prosecution.

Key Landmark Precedents:

Associated Cement Co. Ltd. v. Keshvanand, (1998) 1 SCC 687: The Supreme Court clarified that acquittal under Section 256 CrPC (now Section 279 BNSS) is an order on merits, and the court must not mechanically dismiss complaints without considering whether the complainant's presence was actually necessary on that date.
Chand Deo Singh v. Prokash Chandra Bose, AIR 1963 SC 1430: Held that Magistrate must exercise judicial discretion before recording an order of acquittal due to non-appearance.

Courtroom Practice & Strategic Litigation Guidance:

Complainants' advocates must file exemption applications whenever their client cannot attend; defence counsel should seize unexcused, repeated defaults to press for statutory acquittal under Section 279.