Section 279 BNSS: Non-Appearance or Death of Complainant
Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs a summons-case instituted on a complaint where the complainant fails to appear. It requires the Magistrate to give the complainant thirty days to be present before acquitting the accused, while preserving power to adjourn the hearing or dispense with the complainant's personal attendance in appropriate cases. The provision also applies, so far as may be, where the complainant's non-appearance is due to death.
Text of Section 279 BNSS
279. 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, after giving thirty days' time to the complainant to be present, 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 an advocate 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.
Meaning of Section 279 BNSS
Section 279 applies to summons-cases in which the summons has been issued on a complaint. Its purpose is to deal with the situation where the complainant is absent on the date fixed for the accused's appearance or on a later adjourned date.
Thirty Days Must Be Given to the Complainant
The provision expressly requires the Magistrate to give the complainant thirty days' time to be present before acquitting the accused for non-appearance. This thirty-day opportunity is an important procedural requirement built into Section 279.
Acquittal for Continued Non-Appearance
If the complainant does not appear even after the statutory opportunity, the Magistrate shall acquit the accused unless the Magistrate considers it proper, for some reason, to adjourn the hearing to another day.
The provision therefore combines a mandatory consequence with judicial discretion: acquittal is the normal consequence after the statutory period, but the Magistrate may adjourn the case where there is a proper reason to do so.
When Personal Attendance of the Complainant May Be Dispensed With
The proviso prevents the case from failing merely because the complainant is not personally present where personal attendance is unnecessary. The Magistrate may dispense with attendance and proceed with the case where:
- the complainant is represented by an advocate;
- the complainant is represented by the officer conducting the prosecution; or
- the Magistrate considers the complainant's personal attendance unnecessary.
Death of the Complainant
Under sub-section (2), the principles in sub-section (1) apply, so far as may be, where the complainant's non-appearance is caused by death. The provision does not state that a complaint automatically terminates on the complainant's death; instead, it directs the court to apply the sub-section (1) framework as far as it can appropriately operate in that situation.
Section 279 at a Glance
| Issue | Rule under Section 279 BNSS |
|---|---|
| Type of case | Summons issued on a complaint. |
| Complainant absent | The rule applies on the date fixed for appearance of the accused or on a subsequent adjourned date. |
| Time to appear | The complainant must be given thirty days' time to be present. |
| Usual consequence | The Magistrate shall acquit the accused if the complainant remains absent after the statutory opportunity. |
| Adjournment | The Magistrate may adjourn the hearing for a proper reason. |
| Attendance dispensed with | The case may proceed where the complainant is represented or personal attendance is unnecessary. |
| Death of complainant | Sub-section (1) applies, so far as may be, to non-appearance caused by death. |
Practical Legal Point
Section 279 should not be read as requiring automatic acquittal the moment the complainant is absent. The Magistrate must first apply the statutory thirty-day opportunity, consider whether adjournment is justified, and consider whether personal attendance can be dispensed with under the proviso.
Relationship with Sections 278 and 280 BNSS
Section 278 BNSS deals generally with acquittal or conviction after evidence in a summons-case. Section 279 separately addresses non-appearance or death of the complainant in cases instituted on complaint. Section 280 BNSS deals with withdrawal of a complaint.
Official Resources
The Ministry of Home Affairs provides the official Bharatiya Nagarik Suraksha Sanhita, 2023 text through its New Criminal Laws resource. The new criminal laws came into force on 1 July 2024, subject to the notified exception relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 and the corresponding First Schedule entry in the BNSS.