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.
Bharatiya Nagarik Suraksha Sanhita
Section 272
Absence of complainant
Englishहिंदी
⚡ Quick Answer Reference: Section 272 BNSS
- Provision: Section 272 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF WARRANT-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: If a case is being heard in court and the person who made the complaint is absent, the judge can choose to drop the case if the offence can be settled out of court or is not a serious crime. The judge will give the complainant 30 days to show up before making this decision.
Statutory Content
What does Section 272 of BNSS say?
Indian StandardSection 272, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 272 (India)
Court Pleading StandardSection 272 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/272
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 272 of BNSS mean?
Plain English Explanation
If a case is being heard in court and the person who made the complaint is absent, the judge can choose to drop the case if the offence can be settled out of court or is not a serious crime. The judge will give the complainant 30 days to show up before making this decision.
Practical Interpretation
This section allows the court to take a more practical approach when dealing with cases where the complainant is absent. It gives the judge the discretion to drop the case if it's not in the public interest to continue with the proceedings.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for the court to manage cases where the complainant is absent, and to ensure that justice is not delayed unnecessarily.
Key Legal Elements
- •The case must have been instituted upon complaint.
- •The complainant must be absent on the day fixed for the hearing.
- •The offence must be one that can be lawfully compounded or is not a cognizable offence.
- •The Magistrate must give the complainant 30 days' time to be present before making a decision.
Practical Example
Practical Example of Section 272 BNSS
Rajesh files a complaint against Amit for a minor offence. On the day of the hearing, Rajesh is absent. The Magistrate gives Rajesh 30 days to show up. If Rajesh still doesn't appear, the Magistrate can choose to drop the case against Amit. This is because the offence is not serious and can be settled out of court.
Common Questions (FAQ)
Frequently Asked Questions about Section 272 BNSS
Q: What is the punishment or consequence under Section 272 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the procedural aspect of cases instituted upon complaint.
Q: Is an offence under this section bailable or cognizable?
The offence under this section is not cognizable, as it deals with cases where the offence can be lawfully compounded or is not a serious crime.
People Also Ask (PAA)
Common Questions about Section 272 BNSS
What is Section 272 of BNSS?
Section 272 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Absence of complainant". In plain terms: If a case is being heard in court and the person who made the complaint is absent, the judge can choose to drop the case if the offence can be settled out of court or is not a serious crime. The judge will give the complainant 30 days to show up before making this decision.
What is the punishment under Section 272 of BNSS?
Section 272 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 272 of BNSS bailable or non-bailable?
Whether Section 272 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 272 of BNSS?
The essential elements of Section 272 of BNSS are: The case must have been instituted upon complaint.; The complainant must be absent on the day fixed for the hearing.; The offence must be one that can be lawfully compounded or is not a cognizable offence..
Landmark Case Laws
Landmark Judgments under Section 272 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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