Section 272 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 272 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Absence of Complainant
📜 Text of Section 272
Section 272. 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, after giving thirty days' time to the complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.
⚖️ Legal Context and Purpose
Section 272 of the BNSS, 2023, aligns with Section 249 of the Code of Criminal Procedure (CrPC), 1973. It addresses situations where a case is initiated based on a complaint, but the complainant fails to appear on the scheduled hearing date. In such cases, if the offence is non-cognizable or can be lawfully compounded, the Magistrate has the discretion to discharge the accused after providing the complainant with a 30-day period to appear
This provision ensures that individuals are not subjected to prolonged trials in the absence of the complainant, thereby promoting judicial efficiency and fairness.
🧭 Illustrative Example
Scenario: An individual files a complaint against another for a minor altercation, a non-cognizable offence.
Application of Section 272:
Scheduled Hearing: The court schedules a hearing for the case.
Complainant's Absence: On the hearing date, the complainant fails to appear in court.
Magistrate's Action: The Magistrate notes the absence and determines that the offence is non-cognizable and may be lawfully compounded
Notice to Complainant: The Magistrate issues a notice to the complainant, granting a 30-day period to appear.
Outcome: If the complainant does not appear within the stipulated time, the Magistrate may discharge the accused, thereby concluding the case.
📌 Conclusion
Section 272 of the BNSS, 2023, provides a mechanism for discharging the accused in cases where the complainant is absent, and the offence is non-cognizable or compoundable. By allowing the Magistrate to exercise discretion in such circumstances, the provision aims to prevent unnecessary delays in the judicial process and uphold the principle of justice.
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