Non-appearance or death of complainant
AI Assist
Summary
When a summons was issued on a complaint and the complainant fails to appear on the hearing date (or any adjourned date), the magistrate must acquit the accused unless he thinks fit to adjourn the hearing. If the complainant is represented by a pleader or by the officer conducting the prosecution, or if the magistrate considers personal attendance unnecessary, the magistrate may proceed without the complainant. The same rule applies when non-appearance is due to the complainant's death.
Example
Priya files a complaint and summons are issued against Arjun. On the hearing day Priya does not come and no pleader or prosecuting officer appears for her, so the magistrate must acquit Arjun unless he adjourns the case. If Priya's pleader or the officer conducting the prosecution had been present, the magistrate could have proceeded without her.
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 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 a pleader 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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