CrPC 249 to BNSS 272: Absence of complainant
Section 249 CrPC (1973) replaced by Section 272 BNSS (2023)
CrPC 249 to BNSS 272 at a Glance
Section 249 CrPC (Absence of complainant) is now Section 272 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 249 to BNSS 272?
From 1 July 2024, Section 249 of the Code of Criminal Procedure, 1973 is replaced by Section 272 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading is the same. Section 272 BNSS reads the Magistrate may after giving thirty days' time to the complainant to be present, in his discretion, where Section 249 CrPC read the Magistrate may, in his discretion. The rest of the text is the same.
CrPC 249 vs BNSS 272: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 249 | 272 |
| Heading | Absence of complainant | Same |
CrPC 249 and BNSS 272: Bare Act Text Side by Side
Section 249, CrPC 1973
Section 272, BNSS 2023
When It Applies: CrPC 249 vs BNSS 272
- Section 249 CrPC applies when the proceedings have been instituted upon complaint.
- Section 249 CrPC applies when, on any day fixed for the hearing of the case, the complainant is absent.
- Section 249 CrPC applies when the offence may be lawfully compounded or is not a cognizable offence.
- In that case the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.
- Section 272 BNSS applies when the proceedings have been instituted upon complaint.
- Section 272 BNSS applies when, on any day fixed for the hearing of the case, the complainant is absent.
- Section 272 BNSS applies when the offence may be lawfully compounded or is not a cognizable offence.
- In that case 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.
Time Limits: CrPC 249 to BNSS 272
Section 249 CrPC states no time limit.
- Section 272 BNSS reads that the Magistrate may discharge the accused after giving thirty days' time to the complainant to be present.Act text: “after giving thirty days' time to the complainant to be present”
- Section 272 BNSS allows the discharge at any time before the charge has been framed.Act text: “at any time before the charge has been framed”
What CrPC 249 to BNSS 272 Means in Practice
FAQs: CrPC 249 to BNSS 272
Which provision replaces Section 249 CrPC from 1 July 2024?▼
From 1 July 2024, the Code of Criminal Procedure, 1973 is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 249 CrPC is found in Section 272 BNSS. Neither section has sub-sections, and the heading is the same, Absence of complainant.
What words does Section 272 BNSS add to Section 249 CrPC?▼
Section 272 BNSS adds the words after giving thirty days' time to the complainant to be present, so that it reads the Magistrate may after giving thirty days' time to the complainant to be present, in his discretion. Section 249 CrPC reads the Magistrate may, in his discretion.
Do the conditions about the complaint, the absent complainant and the offence differ in Section 272 BNSS?▼
No. Section 272 BNSS and Section 249 CrPC both apply when the proceedings have been instituted upon complaint, 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. Both allow discharge at any time before the charge has been framed.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·