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 Premaraj

Advocate Premaraj

Motor Accident, Civil, Cheque Bounce, Divorce, Medical Negligence, Insurance, Domestic Violence, Family, Child Custody

Get Advice
Advocate Avijit Das

Advocate Avijit Das

Arbitration,Bankruptcy & Insolvency,Breach of Contract,Cheque Bounce,Child Custody,Civil,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Property,Supreme Court,Trademark & Copyright,Wills Trusts,Succession Certificate,Anticipatory Bail,

Get Advice
Advocate Nagesh BL

Advocate Nagesh BL

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, Patent, Succession Certificate, Wills Trusts, Revenue, Startup

Get Advice
Advocate K K Gihar

Advocate K K Gihar

Consumer Court, Criminal, Civil, Divorce, Domestic Violence, Family, High Court, RERA, Revenue

Get Advice
Advocate Vishakha Mangesh Jadhav

Advocate Vishakha Mangesh Jadhav

Anticipatory Bail,High Court,Domestic Violence,Wills Trusts,Cheque Bounce,

Get Advice
Advocate Akshay Thakur

Advocate Akshay Thakur

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,Labour & Service,Motor Accident,Wills Trusts,Revenue

Get Advice
Advocate Vivek Kumar Gupta

Advocate Vivek Kumar Gupta

Anticipatory Bail, Consumer Court, Cheque Bounce, Criminal, Divorce, Domestic Violence, Family, High Court, Recovery, Revenue

Get Advice
Advocate Sriram Dhar Dubey

Advocate Sriram Dhar Dubey

Civil,Criminal,High Court,Motor Accident,Anticipatory Bail,Labour & Service,Muslim Law,Child Custody,Court Marriage,Divorce,Domestic Violence,Family,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.