Section 249 CrPC: Absence of Complainant and Discharge of Accused
Section 249 of the Code of Criminal Procedure, 1973 addresses the consequences of a complainant's absence during a warrant case instituted on a complaint. It permits, but does not require, a Magistrate to discharge the accused before a charge is framed if the statutory conditions are met.
Text of Section 249 CrPC - 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.
Meaning and scope of Section 249 CrPC
The provision applies to warrant cases instituted otherwise than on a police report, particularly complaint cases dealt with under the relevant chapter. It gives the court a procedural option when the complainant does not attend a scheduled hearing. Mere absence does not automatically terminate the case.
Conditions for discharge
- Complaint-based proceedings: The case must have been instituted upon a complaint rather than on a police report.
- Absence on a hearing date: The complainant must be absent on a day fixed for hearing.
- Nature of the offence: The offence must be lawfully compoundable or non-cognizable. Either condition can satisfy this part of the section.
- Stage of proceedings: The Magistrate may exercise this power only before framing the charge.
- Judicial discretion: The Magistrate must decide whether discharge is appropriate in the circumstances; it is not an automatic entitlement.
Section 272 BNSS: Corresponding current provision
Section 272 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the absence of a complainant in this class of warrant case. It carries forward the central rule allowing the Magistrate to discharge the accused, before charge, where the complainant is absent and the offence is compoundable or non-cognizable. The applicable official BNSS text should be consulted for the precise current wording.
Do not confuse this procedure with the rules for absence of a complainant in a summons case; the applicable provisions and possible outcomes may differ.
Discharge, acquittal and compounding: key differences
| Concept | What it means | Relevance here |
|---|---|---|
| Discharge | The accused is released from the proceeding at the specified pre-charge stage. | Section 249 CrPC expressly authorises discharge. |
| Acquittal | A judicial finding or order that the accused is not guilty, as provided by the applicable procedure. | Absence under Section 249 results in discharge, not automatically an acquittal. |
| Compounding | Lawful settlement of an offence where legislation permits it, subject to any required court permission. | Compoundability is one alternative condition for Section 249 relief; actual compounding is not required. |
How the Magistrate may consider complainant absence
The court identifies the nature and origin of the case, records the complainant's absence on the hearing date, considers whether the offence is compoundable or non-cognizable, and determines whether the charge has already been framed. The Magistrate then exercises judicial discretion in light of the circumstances, including any explanation for absence and the procedural history of the matter.
For example, if a complaint warrant case involves a non-cognizable offence and the complainant repeatedly fails to appear before charge, the Magistrate may consider discharge under Section 249. However, the outcome remains dependent on the facts and judicial discretion.
Related procedural provisions
- Section 244 CrPC - Evidence for prosecution in complaint warrant cases.
- Section 245 CrPC - Discharge where no sufficient case is made out or the charge is groundless.
- Section 246 CrPC - Procedure where the accused is not discharged and a charge is framed.
- Section 248 CrPC - Acquittal or conviction.
Frequently asked questions
Does the accused automatically get discharged if the complainant is absent?
No. The Magistrate has discretion and must ensure the statutory conditions are satisfied.
Can Section 249 CrPC be applied after charges are framed?
No. Its express power of discharge for complainant absence is limited to the period before the charge has been framed.
Is a non-cognizable offence necessarily compoundable?
No. These are different legal classifications. Section 249 uses them as alternatives, not as identical requirements.
Which BNSS section corresponds to Section 249 CrPC?
Section 272 BNSS addresses absence of the complainant in the corresponding procedure. Section 531 BNSS governs relevant repeal and savings questions.
Official legislation and further reading
- India Code - Official central legislation database (consult the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023).
- e-Gazette of India - Acts and commencement notifications.
- CrPC section index on LawDadi.
Legal information updated 18 October 2026. This article is general information; the applicable statute, amendments and procedural stage should be verified for individual cases.