CrPC 256→BNSS 279

CrPC 256 to BNSS 279: Non-appearance or death of complainant

Section 256 CrPC (1973) replaced by Section 279 BNSS (2023)

View CrPC Section 256 →View BNSS Section 279 →

CrPC 256 to BNSS 279 at a Glance

Section 256 CrPC (Non-appearance or death of complainant) is now Section 279 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 256 to BNSS 279?

From 1 July 2024, Section 256 of the Code of Criminal Procedure, 1973 is replaced by Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading is the same. Section 279(1) BNSS reads the Magistrate shall, after giving thirty days' time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused, where Section 256(1) CrPC read the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused. The proviso to Section 279(1) BNSS reads an advocate where the proviso to Section 256(1) CrPC read a pleader. Section 279(2) BNSS has the same text as Section 256(2) CrPC.

CrPC 256 vs BNSS 279: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section256279
HeadingNon-appearance or death of complainantSame
Sub-sections2 sub-sectionsSame

CrPC 256 and BNSS 279: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 256, CrPC 1973

256. Non-appearance or death of complainant.—(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may, dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
BNSS 2023 (in force)

Section 279, BNSS 2023

279. Non-appearance or death of complainant.—(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days' time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by an advocate or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may, dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.

When It Applies: CrPC 256 vs BNSS 279

Under CrPC 256
  1. Under Section 256(1) CrPC, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused if the summons has been issued on complaint and the complainant does not appear on the day appointed for the appearance of the accused, or on any day subsequent thereto to which the hearing may be adjourned.
  2. Under Section 256(1) CrPC, the Magistrate shall acquit the accused unless for some reason the Magistrate thinks it proper to adjourn the hearing of the case to some other day.
  3. Under the proviso to Section 256(1) CrPC, where the complainant is represented by a pleader or by the officer conducting the prosecution, the Magistrate may dispense with the attendance of the complainant and proceed with the case.
  4. Under the proviso to Section 256(1) CrPC, where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with the attendance of the complainant and proceed with the case.
  5. Under Section 256(2) CrPC, the provisions of Section 256(1) CrPC shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to the death of the complainant.
Under BNSS 279
  1. Under Section 279(1) BNSS, the Magistrate shall, after giving thirty days' time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused if the summons has been issued on complaint and the complainant does not appear on the day appointed for the appearance of the accused, or on any day subsequent thereto to which the hearing may be adjourned.
  2. Under Section 279(1) BNSS, the Magistrate shall acquit the accused unless for some reason the Magistrate thinks it proper to adjourn the hearing of the case to some other day.
  3. Under the proviso to Section 279(1) BNSS, where the complainant is represented by an advocate or by the officer conducting the prosecution, the Magistrate may dispense with the attendance of the complainant and proceed with the case.
  4. Under the proviso to Section 279(1) BNSS, where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with the attendance of the complainant and proceed with the case.
  5. Under Section 279(2) BNSS, the provisions of Section 279(1) BNSS shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to the death of the complainant.

Time Limits: CrPC 256 to BNSS 279

Under CrPC 256
  • Under Section 256(1) CrPC, the non-appearance of the complainant is considered on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned.Act text: “on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned”
Under BNSS 279
  • Under Section 279(1) BNSS, the Magistrate shall acquit 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”
  • Under Section 279(1) BNSS, the non-appearance of the complainant is considered on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned.Act text: “on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned”

What CrPC 256 to BNSS 279 Means in Practice

Section 256(1) CrPC has the Magistrate acquit the accused, notwithstanding anything hereinbefore contained, when the complainant does not appear, unless for some reason the Magistrate thinks it proper to adjourn the hearing of the case to some other day. Section 279(1) BNSS has the words after giving thirty days' time to the complainant to be present before the words notwithstanding anything hereinbefore contained.

FAQs: CrPC 256 to BNSS 279

Which provision replaces Section 256 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 256 CrPC is found in Section 279 BNSS. Section 256(1) CrPC is found in Section 279(1) BNSS, and Section 256(2) CrPC is found in Section 279(2) BNSS. The heading is the same.

What words does Section 279(1) BNSS add to Section 256(1) CrPC?▼

Section 279(1) BNSS adds the words after giving thirty days' time to the complainant to be present, so that it reads the Magistrate shall, after giving thirty days' time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused. Section 256(1) CrPC reads the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused.

Does the proviso to Section 279(1) BNSS differ from the proviso to Section 256(1) CrPC?▼

The proviso to Section 279(1) BNSS reads an advocate where the proviso to Section 256(1) CrPC read a pleader. The rest of the proviso has the same text, including the officer conducting the prosecution and the opinion of the Magistrate that the personal attendance of the complainant is not necessary.

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 ·