Section 272 BNSS: Absence of complainant

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 272 BNSS at a Glance

Section 272 BNSS deals with absence of complainant. It replaced Section 249 CrPC on 1 July 2024.

Was CrPC

Section 272 BNSS Bare Act Text

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.

Source: Section 272, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 272 BNSS in Simple Words

Section 272 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the absence of the 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.

When Section 272 BNSS Applies

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 Under Section 272 BNSS

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”

Example of Section 272 BNSS

Meera files a complaint before a Magistrate against Vikram for an offence that may be lawfully compounded, and the Magistrate fixes a day for the hearing of the case. The charge has not been framed against Vikram. On the day fixed for the hearing of the case, Meera is absent. Under Section 272 BNSS, the Magistrate may after giving thirty days' time to Meera to be present, in his discretion, at any time before the charge has been framed, discharge Vikram.

When Section 272 BNSS Does Not Apply

Section 272 BNSS speaks of the absence of the complainant on a day fixed for the hearing of the case. It does not deal with the withdrawal of a complaint, which is the subject of Section 280 BNSS.
Section 272 BNSS speaks of discharge of the accused at any time before the charge has been framed. It does not deal with compensation for accusation without reasonable cause, which is the subject of Section 273 BNSS.

Section 272 BNSS in the CrPC (Previous Law)

Section 272 BNSS replaces Section 249 CrPC from the old criminal code.

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.

View CrPC Section 249 →

FAQs on Section 272 BNSS

What does Section 272 BNSS say about giving time to the complainant before the accused is discharged?▼

Section 272 BNSS says that 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.

Must the Magistrate discharge the accused under Section 272 BNSS?▼

No. Section 272 BNSS says that the Magistrate may, in his discretion, discharge the accused. The conditions are that the proceedings have been instituted upon complaint, that on any day fixed for the hearing of the case the complainant is absent, and that the offence may be lawfully compounded or is not a cognizable offence.

Which offences are covered by Section 272 BNSS?▼

Section 272 BNSS applies where the offence may be lawfully compounded or is not a cognizable offence. The descriptions are joined by the word or.

What changed from Section 249 CrPC to Section 272 BNSS from 1 July 2024?▼

From 1 July 2024, Section 272 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 249 of the Code of Criminal Procedure, 1973. 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.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·