Non-appearance or death of complainant
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Summary
If a summons was issued on a complaint and the complainant fails to appear on the hearing date or any adjourned date, the Magistrate must give the complainant 30 days to appear and then, unless he adjourns again, acquit the accused. If the complainant is represented by an advocate or the officer conducting the prosecution, or the Magistrate thinks personal attendance unnecessary, the hearing may proceed without the complainant. The same rule applies if the non-appearance is due to the complainant's death.
Example
Priya files a complaint against a neighbour and a summons is issued. On the hearing date Priya does not come and is not represented. The Magistrate gives her 30 days; when Priya still does not appear and there is no representative, the Magistrate acquits the accused under this rule.
Bare Act
Enacted text(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.
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