Code
(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
The section states that if the complainant in a case is absent or has died, the Magistrate can still proceed with the case if:
- The offence is non-compoundable
- The Magistrate considers that the evidence already recorded is sufficient to proceed with the case.
The Magistrate can also issue a warrant for the arrest of the accused or summon the accused to appear before the court if the Magistrate thinks it is necessary.
Illustration
Imagine a case where ‘A’ files a complaint against ‘B’ for theft. During the trial, ‘A’ falls ill and is unable to attend court. The Magistrate, after reviewing the evidence already recorded, decides that it is sufficient to proceed with the case and issues a warrant for the arrest of ‘B’.
Common Questions & Answers
Q: Can the Magistrate drop the case if the complainant dies?
- A: No, the Magistrate can proceed with the case if the offence is non-compoundable and the evidence already recorded is sufficient.
Q: What if the complainant is absent but wants to continue the case?
- A: The Magistrate can proceed with the case even if the complainant is absent, if the Magistrate thinks it is necessary.
Q: Can the accused benefit from the absence of the complainant?
- A: The accused cannot automatically benefit from the complainant’s absence. The Magistrate will assess the evidence and make a decision based on its sufficiency.
