Section 279 BNSS: Non-appearance or death of complainant

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 279 BNSS at a Glance

Section 279 BNSS deals with non-appearance or death of complainant. It replaced Section 256 CrPC on 1 July 2024.

Was CrPC

Section 256 →

Section 279 BNSS Bare Act Text

(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.

Source: Section 279, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 279 BNSS in Simple Words

Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the non-appearance or death of the complainant.

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 the Magistrate thinks it proper to adjourn the hearing of the case to some other day.

A proviso allows the Magistrate to dispense with the attendance of the complainant and proceed with the case, and Section 279(2) BNSS applies Section 279(1) BNSS, so far as may be, where the non-appearance is due to the death of the complainant.

When Section 279 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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 Under Section 279 BNSS

  • 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”

Example of Section 279 BNSS

Meera files a complaint before a Magistrate against Vikram, and the summons is issued on the complaint. On the day appointed for the appearance of Vikram, Meera does not appear. Under Section 279(1) BNSS, the Magistrate shall, after giving thirty days' time to Meera to be present, notwithstanding anything hereinbefore contained, acquit Vikram, unless for some reason the Magistrate thinks it proper to adjourn the hearing of the case to some other day. Under the proviso to Section 279(1) BNSS, where Meera is represented by an advocate, the Magistrate may dispense with the attendance of Meera and proceed with the case.

When Section 279 BNSS Does Not Apply

  • Section 279 BNSS speaks of the non-appearance or death of the complainant where the summons has been issued on complaint. It does not deal with the absence of the complainant on a day fixed for the hearing of the case where the offence may be lawfully compounded or is not a cognizable offence, which is the subject of Section 272 BNSS.
  • Section 279 BNSS speaks of acquittal of the accused when the complainant does not appear. It does not deal with the withdrawal of a complaint, which is the subject of Section 280 BNSS.

Section 279 BNSS in the CrPC (Previous Law)

Section 279 BNSS replaced Section 256 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 279 BNSS

What shall a Magistrate do under Section 279 BNSS if the complainant does not appear?▼

Under Section 279(1) BNSS, 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. The exception is where for some reason the Magistrate thinks it proper to adjourn the hearing of the case to some other day.

When may the Magistrate dispense with the attendance of the complainant under Section 279 BNSS?▼

Under the proviso to Section 279(1) BNSS, 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 the attendance of the complainant and proceed with the case.

What does Section 279 BNSS say if the non-appearance of the complainant is due to the death of the complainant?▼

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.

What changed from Section 256 CrPC to Section 279 BNSS from 1 July 2024?▼

From 1 July 2024, Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 256 of the Code of Criminal Procedure, 1973. 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.

Section 279 BNSS: Sub-sections Explained

Section 279(1) BNSS: Non-appearance or death of complainant

▶

Bare Act Text

(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.

Previous Law

CrPC 256 → Section 279(1) BNSS

Section 279(2) BNSS: Non-appearance or death of complainant

▶

Bare Act Text

(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.

Previous Law

CrPC 256(2) → Section 279(2) BNSS

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