Section 256 CrPC: Non-appearance or death of complainant

Code of Criminal Procedure, 1973

Section 256 CrPC at a Glance

Section 256 CrPC deals with non-appearance or death of complainant. From 1 July 2024 it is replaced by Section 279 BNSS.

Now BNSS

Section 279 →

What Section 256 CrPC Says

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.

Source: Section 256, Code of Criminal Procedure, 1973

Section 256 CrPC in Simple Words

Section 256 of the Code of Criminal Procedure, 1973 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, 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 256(2) CrPC applies Section 256(1) CrPC, so far as may be, where the non-appearance is due to the death of the complainant.

When Section 256 CrPC Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Time Limits Under Section 256 CrPC

  • 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”

Example of Section 256 CrPC

Ramesh files a complaint before a Magistrate against Suresh, and the summons is issued on the complaint. On the day appointed for the appearance of Suresh, Ramesh does not appear. Under Section 256(1) CrPC, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit Suresh, 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 256(1) CrPC, where Ramesh is represented by a pleader, the Magistrate may dispense with the attendance of Ramesh and proceed with the case.

When Section 256 CrPC Does Not Apply

  • Section 256 CrPC 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 249 CrPC.
  • Section 256 CrPC 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 257 CrPC.

Section 256 CrPC Under BNSS 279: What Changed

Section 256 CrPC is now covered under Section 279 BNSS.

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.

View detailed comparison (CrPC 256 vs BNSS 279) →

FAQs on Section 256 CrPC

What shall a Magistrate do under Section 256 CrPC if the complainant does not appear?▼

Under Section 256(1) CrPC, 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. 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 256 CrPC?▼

Under the proviso to Section 256(1) CrPC, 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 the attendance of the complainant and proceed with the case.

What does Section 256 CrPC say if the non-appearance of the complainant is due to the death of the complainant?▼

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.

Where is Section 256 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 256(1) CrPC, with its proviso, is found in Section 279(1) BNSS, and Section 256(2) CrPC is found in Section 279(2) BNSS.

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