Absence of complainant
Section 272 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 after giving thirty days’ time to the complainant to be present, in his The Act came into force on 01 Jul 2024.
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 after giving thirty days’ time to the complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.
Section 272, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 249 Absence of complainant Text carried over almost unchanged 94%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rani vs Rakesh
Decided under Code of Criminal Procedure 249, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a Magistrate exercises discretion under Section 249 Cr.P.C. to discharge an accused due to non-appearance of complainant, such discretion being judicial in nature must be exercised reasonably and with utmost caution. The court should not automatically discharge the accused upon every instance of complainant's absence. Instead, the court must examine whether the complainant has actively pursued the case with dedication or attended casually. A single non-appearance, particularly when the complainant has been regularly appearing and pursuing the case, should not result in automatic discharge. The discretion must be exercised judiciously after thorough examination of facts, and not arbitrarily. An order of discharge under Section 249 Cr.P.C. is a final order amenable to revision before the Sessions Court, and the distinction between discharge under Section 249 and acquittal under Section 256 must be properly appreciated.
On this section: Absence of complainant; cited as the provision under which the accused was discharged; court held that discretion under this section must be exercised reasonably and with caution, not automatically
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Indira Gandhi Nagari Sahakari Patsanstha vs Malang Babulal Inamdar
Decided under Code of Criminal Procedure 249, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving institutional complainants like cooperative societies, where the lower court has discharged an accused for want of prosecution due to procedural lapses (complainant non-appearance) rather than on merits, and where the accused has also absconded and a warrant has been issued, the High Court should grant special leave to appeal to allow the institution an opportunity to pursue the case, recognizing that such procedural circumstances do not necessarily reflect the strength of the underlying criminal charges.
On this section: Provision under which the lower court dismissed the case for want of prosecution
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 272
What have the courts held on Section 272 of the Bharatiya Nagarik Suraksha Sanhita?
Rani vs Rakesh (04 Jul 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 249, which this section replaced -- the court never mentioned this Act: Absence of complainant; cited as the provision under which the accused was discharged; court held that discretion under this section must be exercised reasonably and with caution, not automatically. Another 1 judgment on this section is set out below. They run from 2013 to 2023.
How do I find court cases under Section 272 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 272, section 272 BNSS, section 272 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 272 bnss in crpc and 272 bnss petition. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Rani vs Rakesh (04 Jul 2023).
What should I read with Section 272 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 249 (Absence of complainant), so the judgments decided under that provision are the case law on this one.
When did Section 272 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 272 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 272, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.