Absence of complainant
AI Assist
Summary
If a case was started on a complaint and the complainant is absent on the hearing day, and the offence can lawfully be compounded or is not cognizable, the Magistrate may give the complainant thirty days to appear. If the complainant still does not come, the Magistrate may, at any time before the charge is framed, discharge the accused. The power is discretionary.
Example
Priya files a complaint about a neighbour's small property dispute. On the hearing day Priya does not appear and the offence is compoundable, so after giving her thirty days the Magistrate discharges the neighbour before framing any charge.
Bare Act
Enacted textWhen 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.
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