Section 249 CrPC: Absence of complainant

Code of Criminal Procedure, 1973

Section 249 CrPC at a Glance

Section 249 CrPC deals with absence of complainant. From 1 July 2024 it is replaced by Section 272 BNSS.

Now BNSS

What Section 249 CrPC Says

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

Source: Section 249, Code of Criminal Procedure, 1973

Section 249 CrPC in Simple Words

Section 249 of the Code of Criminal Procedure, 1973 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, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.

When Section 249 CrPC Applies

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.

Example of Section 249 CrPC

Ramesh files a complaint before a Magistrate against Suresh for an offence that is not a cognizable offence, and the Magistrate fixes a day for the hearing of the case. The charge has not been framed against Suresh. On the day fixed for the hearing of the case, Ramesh is absent. Under Section 249 CrPC, the Magistrate may, in his discretion, at any time before the charge has been framed, discharge Suresh.

When Section 249 CrPC Does Not Apply

Section 249 CrPC 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 257 CrPC.
Section 249 CrPC 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 250 CrPC.

Section 249 CrPC Under BNSS 272: What Changed

Section 249 CrPC is now covered under Section 272 BNSS.

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 detailed comparison (CrPC 249 vs BNSS 272) →

FAQs on Section 249 CrPC

Must the Magistrate discharge the accused whenever the complainant is absent under Section 249 CrPC?▼

No. Section 249 CrPC 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 249 CrPC?▼

Section 249 CrPC applies where the offence may be lawfully compounded or is not a cognizable offence. The descriptions are joined by the word or.

Until what stage may a Magistrate discharge the accused under Section 249 CrPC?▼

Section 249 CrPC allows the Magistrate to discharge the accused at any time before the charge has been framed, notwithstanding anything hereinbefore contained.

Where is Section 249 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 249 CrPC has no sub-sections, and maps as a whole to Section 272 BNSS, which has the same heading, Absence of complainant.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·