CrPC Section 249
Section 249 of the Code of Criminal Procedure (CrPC), 1973 (India) pertains to the discharge of the accused when no complainant appears in a case instituted otherwise than on a police report.
Here's the exact wording and a plain explanation:
📜 Section 249 CrPC – Absence of complainant
"When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, at any time before the charge has been framed, discharge the accused."
✅ Key Points:
Applicable to complaint cases only (not to police report cases).
The complainant must be absent on the day of the hearing.
The offence must be:
Compounded, or
Non-cognizable (police cannot arrest without a warrant).
The charge must not have been framed yet.
The Magistrate has discretion to discharge the accused.
⚖️ Objective:
To prevent harassment of the accused when the complainant is not diligent or serious about pursuing the complaint.
🧑⚖️ Judicial Interpretation:
Courts have emphasized that this power should be exercised judiciously and not mechanically, especially where the absence of the complainant might be justified (e.g., due to illness or unavoidable circumstances).
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