CrPC Sections 255 and 256: Acquittal or Conviction and Non-appearance or Death of Complainant
Sections 255 and 256 of the Code of Criminal Procedure, 1973 formed part of Chapter XX, which prescribed the procedure for trial of summons-cases by Magistrates. Section 255 dealt with the result of the trial after evidence, while Section 256 dealt with the consequence of the complainant's absence or death in a summons case instituted on a complaint.
Meaning of acquittal and conviction under Section 255 CrPC
Section 255 operated after the Magistrate had taken the prosecution and defence evidence contemplated by Section 254 and any further evidence that the Magistrate caused to be produced on his own motion. In simple terms, an acquittal is the judicial determination that the accused is not guilty of the offence being tried, while a conviction is the judicial finding that the accused is guilty.
Section 255(1) - Acquittal
If, after considering the evidence referred to in Section 254 and any further evidence produced at the Magistrate's instance, the Magistrate finds the accused not guilty, the Magistrate must record an order of acquittal.
Section 255(2) - Conviction and sentence
If the Magistrate finds the accused guilty and does not proceed under Section 325 or Section 360 CrPC, the Magistrate must pass sentence according to law. Section 325 dealt with cases where a Magistrate considered that a sufficiently severe sentence could not be passed within that Magistrate's powers. Section 360 dealt with release on probation of good conduct or after admonition in cases to which that provision applied.
Section 255(3) - Conviction for an offence disclosed by admitted or proved facts
A Magistrate could, under Section 252 or Section 255, convict the accused of any offence triable under Chapter XX that appeared from the facts admitted or proved, irrespective of the precise nature of the complaint or summons, provided the Magistrate was satisfied that the accused would not be prejudiced.
Section 256 CrPC: Non-appearance or death of complainant
Section 256 applied where a summons had been issued on a complaint and the complainant failed to appear on the date fixed for the accused's appearance or on a later adjourned hearing date. The provision balanced the accused's interest in not facing an indefinitely unattended prosecution with the Magistrate's discretion to continue or adjourn the case where circumstances justified doing so.
Section 256(1) - Absence of complainant
Under the pre-BNSS CrPC provision, if the complainant did not appear, the Magistrate was ordinarily required to acquit the accused unless the Magistrate considered it proper, for a reason, to adjourn the hearing to another day.
The proviso allowed the Magistrate to dispense with the complainant's personal attendance and proceed where the complainant was represented by a pleader or by the officer conducting the prosecution, or where the Magistrate considered the complainant's personal attendance unnecessary.
Section 256(2) - Death of complainant
The rules in Section 256(1), so far as applicable, also extended to cases in which the complainant's non-appearance resulted from the complainant's death. The section therefore did not treat death as an automatic standalone rule divorced from the procedural framework in sub-section (1).
How Sections 255 and 256 worked in a summons-case
| Provision | Stage or situation | Legal effect under CrPC |
|---|---|---|
| Section 255(1) | Evidence completed; accused found not guilty | Order of acquittal to be recorded. |
| Section 255(2) | Accused found guilty | Sentence according to law, unless proceeding under Section 325 or Section 360. |
| Section 255(3) | Admitted or proved facts disclose another offence triable under the Chapter | Conviction permissible if the accused would not be prejudiced. |
| Section 256(1) | Complainant absent after summons issued on complaint | Acquittal ordinarily follows, subject to adjournment or dispensing with personal attendance as provided by the section. |
| Section 256(2) | Non-appearance due to complainant's death | Section 256(1) applies so far as may be. |
Position after commencement of BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. The subject of CrPC Section 255 is now addressed by Section 278 BNSS, while the subject of CrPC Section 256 is addressed by Section 279 BNSS. Section 279 introduces an important procedural change: before acquitting for the complainant's non-appearance, the Magistrate is to give the complainant thirty days' time to be present. This requirement was not contained in the text of old Section 256 CrPC.
Accordingly, the CrPC text on this page should be used for the pre-BNSS legal position and for proceedings to which the CrPC continues to apply under the relevant saving provisions. For current proceedings, the BNSS and the applicable transitional provisions should be checked.
Related CrPC provisions
For the immediately preceding procedure in summons-cases, see CrPC Sections 251 to 254 - substance of accusation, plea of guilty and procedure when not convicted. For the next provisions, see CrPC Sections 257 to 259 - withdrawal of complaint, stopping proceedings and conversion of summons-cases into warrant-cases.
This page is a general legal information resource. The procedural law applicable to a particular case should be determined from the facts, dates, saving provisions and relevant judicial orders.