(1) If the summons has been issued on 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. (2) 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.
Bharatiya Nagarik Suraksha Sanhita
Section 279
Non-appearance or death of complainant
⚡ Quick Answer Reference: Section 279 BNSS
- Provision: Section 279 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF SUMMONS-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: If a complainant doesn't show up in court, the Magistrate can acquit the accused after giving them 30 days to appear. However, if the complainant is dead or represented by an advocate, the Magistrate can proceed with the case without their attendance.
What does Section 279 of BNSS say?
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What does Section 279 of BNSS mean?
Plain English Explanation
If a complainant doesn't show up in court, the Magistrate can acquit the accused after giving them 30 days to appear. However, if the complainant is dead or represented by an advocate, the Magistrate can proceed with the case without their attendance.
Practical Interpretation
In practice, this section means that if a complainant fails to appear in court, the Magistrate has the discretion to acquit the accused, but only after giving them a reasonable opportunity to appear. This section also allows the Magistrate to proceed with the case if the complainant is dead or represented by a lawyer.
Core Legal Purpose
The core purpose of this section is to ensure that the accused is not prejudiced by the non-appearance of the complainant, while also allowing the Magistrate to proceed with the case in a fair and efficient manner.
- •The summons has been issued on complaint.
- •The complainant does not appear on the day appointed for their appearance or any subsequent adjourned date.
- •The Magistrate has given the complainant 30 days' time to appear.
- •The complainant is dead or represented by an advocate.
Practical Example of Section 279 BNSS
Rajesh files a complaint against Amit for allegedly causing harm to his property. The Magistrate issues a summons to Amit, requiring him to appear in court. However, on the day of the hearing, Rajesh fails to appear. The Magistrate gives Rajesh 30 days to appear, but he still fails to show up. The Magistrate then acquits Amit, as Rajesh's non-appearance has prejudiced the case against him.
Frequently Asked Questions about Section 279 BNSS
Q: What is the punishment or consequence under Section 279 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence of non-appearance is acquittal of the accused.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a general provision governing the procedure for complaints in court.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to the classification of offences as bailable or cognizable.
Common Questions about Section 279 BNSS
What is Section 279 of BNSS?
Section 279 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Non-appearance or death of complainant". In plain terms: If a complainant doesn't show up in court, the Magistrate can acquit the accused after giving them 30 days to appear. However, if the complainant is dead or represented by an advocate, the Magistrate can proceed with the case without their attendance.
What is the punishment under Section 279 of BNSS?
Section 279 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 279 of BNSS bailable or non-bailable?
Whether Section 279 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 279 of BNSS?
The essential elements of Section 279 of BNSS are: The summons has been issued on complaint.; The complainant does not appear on the day appointed for their appearance or any subsequent adjourned date.; The Magistrate has given the complainant 30 days' time to appear..
Landmark Judgments under Section 279 BNSS
Sections commonly cited alongside Section 279
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