Law4u - Made in India

What Is BNSS Section 272?

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Keshav Khandal

Advocate Keshav Khandal

Anticipatory Bail, Revenue, Civil, Property, Criminal

Get Advice
Advocate Mohd Imran

Advocate Mohd Imran

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Property, Succession Certificate

Get Advice
Advocate Mohd Sameer Khan

Advocate Mohd Sameer Khan

Anticipatory Bail, Criminal, Family, Motor Accident, R.T.I

Get Advice
Advocate Suresh Babu C

Advocate Suresh Babu C

Criminal, High Court, Civil, Consumer Court, Anticipatory Bail, GST, Motor Accident, Family

Get Advice
Advocate Raj Kumar Yadav

Advocate Raj Kumar Yadav

Cheque Bounce, Divorce, Family, Civil, Criminal

Get Advice
Advocate Arpit Mishra

Advocate Arpit Mishra

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Corporate, Criminal, Cyber Crime, Documentation, GST, High Court, NCLT, R.T.I, Trademark & Copyright

Get Advice
Advocate Mohamed Dhurabudeen

Advocate Mohamed Dhurabudeen

Breach of Contract, Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Immigration, International Law, Landlord & Tenant, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, NCLT, Property, Revenue, Wills Trusts, Succession Certificate

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.