Section 256 CrPC - Non-Appearance or Death of Complainant
Section 256 of the Code of Criminal Procedure, 1973 deals with the absence or death of a complainant in a summons case instituted upon complaint. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 279 BNSS.
Text of Section 256 CrPC, 1973
(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.
Section 279 BNSS - Corresponding Current Provision
Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Non-appearance or death of complainant. It retains the essential structure of Section 256 CrPC but introduces a significant procedural safeguard.
Section 279(1) - Absence of complainant
Where summons has been issued on a complaint and the complainant fails to appear on the appointed or adjourned date, the Magistrate must give the complainant thirty days' time to be present before acquitting the accused on that ground, unless the Magistrate considers it proper to adjourn the hearing. The proviso permits the case to proceed where an advocate or prosecuting officer represents the complainant, or where personal attendance is unnecessary.
Section 279(2) - Death of complainant
The rule in subsection (1) applies, so far as practicable, where the complainant's non-appearance results from death. Death does not invariably or automatically terminate the proceedings; the circumstances and possibility of lawful continuation must be considered.
Read the official BNSS text on India Code (PDF) and the BPRD reference edition (PDF).
When can the Magistrate acquit the accused?
In a complaint-based summons case, the court examines whether the complainant is absent, whether representation is available, whether personal attendance is required for the stage of trial, and whether an adjournment is justified. Under BNSS Section 279, the additional thirty-day opportunity must be taken into account. An acquittal for absence should not be treated as an automatic consequence of every missed hearing.
When can the trial continue despite absence?
- The complainant is represented by an advocate or the officer conducting prosecution.
- The Magistrate considers the complainant's personal attendance unnecessary for the particular hearing.
- The Magistrate finds a proper reason to adjourn rather than acquit.
- Following a complainant's death, lawful continuation is appropriate in the circumstances, subject to the applicable procedural rules.
Meaning of important legal terms
Summons case: A criminal case relating to an offence that is not a warrant case under the applicable procedural law.
Complaint: An allegation made to a Magistrate with a view to action under criminal procedure, distinguished from a police report as defined in the relevant law.
Acquittal: A judicial order that the accused is not convicted of the offence in the proceedings; an order under this provision has consequences distinct from a mere administrative closure or dismissal before process.
Adjournment: Postponement of a hearing to another date by order of the court.
CrPC and BNSS: Which provision applies?
Section 531 BNSS repeals the CrPC while preserving specified proceedings already pending immediately before the commencement of the BNSS. Accordingly, a trial, inquiry, investigation, appeal or application pending on 1 July 2024 may continue under the CrPC in accordance with the saving provision. The governing provision should be checked against the commencement and procedural history of the particular matter.
Frequently asked questions
Does one missed hearing always result in acquittal?
No. The statute permits adjournment and dispensing with personal attendance in appropriate cases. BNSS Section 279 additionally provides a thirty-day opportunity to the complainant.
Does the complainant's death automatically acquit the accused?
No. Subsection (2) applies the rules concerning non-appearance so far as practicable. The Magistrate must consider whether the proceedings can properly continue.
Is Section 256 CrPC still relevant?
Yes. It remains relevant to proceedings saved by Section 531 BNSS and to interpreting decisions made under the earlier Code.
Related criminal procedure provisions
For the sequence of summons-trial provisions, see Section 254 CrPC - evidence when not convicted on plea, Section 255 CrPC - acquittal or conviction and Section 257 CrPC - withdrawal of complaint.
Legal information updated 18 October 2026. Application of the provision depends on the nature and procedural stage of the case and any applicable special enactment.