Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - 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.
Brefe Detail
This section addresses the scenario where a complainant is absent during proceedings initiated upon their complaint. It gives the Magistrate the discretion to discharge the accused if the offence can be compounded or is not cognizable, after allowing the complainant thirty days to appear.
Question & Answers
What happens if the complainant is absent during the hearing?
If the complainant is absent, the Magistrate may discharge the accused after giving the complainant thirty days to be present.
Under what conditions can the accused be discharged?
The accused can be discharged if the offence may be lawfully compounded or if it is not a cognizable offence.
Can the Magistrate discharge the accused before the charge is framed?
Yes, the Magistrate can discharge the accused at any time before the charge has been framed.
Example
1. Scenario: A complaint is filed regarding a minor theft (non-cognizable offence).
Outcome: If the complainant does not show up on the hearing date, the Magistrate can discharge the accused after waiting for thirty days.
2. Scenario: A family dispute is brought to court, but the complainant is absent.
Outcome: The Magistrate may decide to discharge the accused, allowing the complainant time to appear, provided the dispute can be lawfully compounded.
Summary
Section 272 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows a Magistrate to discharge an accused if the complainant is absent from hearings related to non-cognizable offences or offences that can be compounded, after providing the complainant with thirty days to appear.
