Non-appearance or death of complainant.

What this section does

In a summons-case instituted on complaint, if the complainant fails to appear on the date fixed or any adjourned date, the Magistrate shall give the complainant thirty days to appear and may thereafter acquit the accused, unless adjournment is considered proper. The Magistrate may dispense with the complainant's personal attendance if the complainant is represented by an advocate or the officer conducting prosecution, or if personal attendance is not considered necessary. These provisions apply equally where non-appearance is due to the complainant's death.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Magistrate · Complainant · Accused · Advocate

Time limit

30 days given to complainant to appear before acquittal may be ordered

Derived from CrPC s.256.