Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 279
Code:
279. (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.
Explanation:
This section of the BNSS deals with the situation where the complainant in a criminal case fails to appear in court. It outlines the procedures the Magistrate should follow in such cases.
Illustration:
Imagine a situation where a person named “A” files a complaint against “B” for theft. The Magistrate issues summons to both “A” and “B” to appear in court on a specific date. On the appointed day, “B” appears in court but “A” does not. According to Section 279(1) of the BNSS, the Magistrate is required to acquit “B” unless there are specific reasons for adjourning the case.
Common Questions and Answers:
Q. What happens if the complainant is represented by a lawyer?
In such cases, the Magistrate can proceed with the case even if the complainant is not personally present in court. This is because the lawyer can represent the complainant’s interests.
Q. What if the complainant dies before the trial begins?
According to Section 279(2), the provisions of Section 279(1) apply even if the complainant has died. The Magistrate would still need to acquit the accused if the complainant fails to appear for any reason.
