Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 272
Code: Section 272 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section outlines the procedure to be followed when a complainant in a criminal case is absent from a scheduled hearing. It specifically deals with situations where the offence is either:
- Compoundable: Meaning the parties involved can settle the matter outside the court.
- Not Cognizable: Meaning the police cannot arrest the accused without a warrant.
In such cases, the Magistrate has the discretion to discharge the accused after granting the complainant a 30-day notice to appear. However, this discharge can only occur before the formal charge is framed against the accused.
Illustration:
Imagine a case where ‘A’ accuses ‘B’ of a minor theft (a non-cognizable offense). The Magistrate sets a hearing date but ‘A’ fails to appear. The Magistrate, under Section 272, can issue a 30-day notice to ‘A’. If ‘A’ still doesn’t show up, the Magistrate can discharge ‘B’ as the offense is not serious enough to warrant further proceedings without the complainant’s presence.
Common Questions and Answers:
- Q: Does this section apply to all types of offenses?
- A: No, it only applies to compoundable offenses or offenses that are not cognizable.
- Q: What happens if the complainant appears after the 30-day notice?
- A: The Magistrate will proceed with the case as usual. However, the discharge of the accused before the 30-day period is final and cannot be reversed.
- Q: Can the Magistrate refuse to discharge the accused even if the offense is compoundable?
- A: Yes, the Magistrate has discretion. They may choose to proceed with the case even if the offense is compoundable, depending on the specific circumstances.
