Section 279 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 279 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the situation where the complainant fails to appear in court after a summons has been issued.
📜 Text of Section 279
279. Non-appearance or death of complainant
Non-appearance of Complainant: If a summons has been issued on a 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.
Death of Complainant: 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.
⚖️ Legal Context
Section 279 of the BNSS, 2023 is analogous to Section 256 of the Indian Criminal Procedure Code (Cr.P.C.), 1973, which deals with the non-appearance or death of the complainant in a criminal case. Both provisions aim to ensure that the absence of the complainant does not unduly delay or obstruct the judicial process.
🧭 Practical Implications
Acquittal of Accused: If the complainant fails to appear after being given a reasonable opportunity, the Magistrate is mandated to acquit the accused, thereby preventing unnecessary prolongation of the case.
Discretionary Adjournment: The Magistrate has the discretion to adjourn the hearing if there are valid reasons, ensuring that the case is not dismissed prematurely.
Representation by Advocate: If the complainant is represented by an advocate or if the Magistrate deems the personal attendance unnecessary, the case may proceed without the complainant's physical presence, facilitating the continuation of proceedings.
Death of Complainant: In cases where the complainant has passed away, the provisions ensure that the case can still proceed, provided there is sufficient evidence to support the charge.
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