Section 249 CrPC: Absence of complainant

Chapter XIX

absence of complainant, complaint case, compoundable offence, discharge of accused, Magistrate's discretion, non-cognizable offence

New Law Update (2024)

Section 260 BNSS

TRIAL COURT

Magistrate's Court

Punishment

Procedural – Trial / Charge

Cognizable?

Bailable?

Compoundable?

Applicable (Contextual)

Bare Act Text

When 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, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.

Important Sub-Sections Explained

Landmark Judgements

Dr. S. K. Gupta v. The State of Delhi, 1999 Cri.L.J. 2381 (Delhi High Court):

This judgment clarified that the power to discharge an accused under Section 249 CrPC is discretionary, not mandatory. The Magistrate is not bound to discharge the accused merely due to the complainant’s absence; a judicial application of mind considering the facts and circumstances of the case is essential.

Chandra Shekhar v. State of U.P., 2012 (79) ACC 77 (Allahabad High Court):

Reiterating the discretionary nature of Section 249 CrPC, this ruling emphasized that the Magistrate must exercise this power judiciously, taking into account the specific conditions outlined in the section, namely, that the proceedings were initiated on a complaint, the complainant is absent, and the offence is either compoundable or non-cognizable, all before the framing of charge.

Chapter XIX