Section 272 BNSS: Absence of Complainant
Section 272 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the absence of the complainant in certain complaint cases. It permits the Magistrate, subject to the conditions stated in the section, to discharge the accused before charge after giving the complainant thirty days' time to appear.
Text of Section 272 BNSS
272. 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 discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.
Meaning and Scope of Section 272
The provision applies to proceedings instituted upon a complaint. Mere absence of the complainant does not automatically result in discharge. The Magistrate must examine whether the statutory conditions are met and must first give the complainant thirty days' time to be present.
The power is discretionary. The word "may" indicates that, even where the stated conditions exist, the Magistrate must exercise judicial discretion on the facts of the case rather than treat discharge as an automatic consequence of non-appearance.
Conditions for Discharge under Section 272 BNSS
- The proceedings must have been instituted upon a complaint.
- The complainant must be absent on a day fixed for hearing.
- The offence must either be lawfully compoundable or be non-cognizable.
- The complainant must be given thirty days' time to be present.
- The order of discharge can be made only before the charge has been framed.
- The Magistrate must exercise discretion judicially on the circumstances of the case.
What Does "Complaint" Mean?
For the operation of Section 272, the relevant proceeding must be one instituted upon a complaint. The BNSS separately defines "complaint" in Section 2. Readers should distinguish a complaint case from proceedings initiated on a police report, because Section 272 is expressly tied to proceedings instituted upon complaint.
Effect of the Thirty-Day Opportunity
Section 272 expressly requires the Magistrate to give the complainant thirty days' time to be present. Therefore, discharge should not be ordered under this provision merely because the complainant is absent on a single hearing date without first providing the statutory opportunity contemplated by the section.
Stage at Which Section 272 Can Be Used
The provision operates only before the charge has been framed. Once the proceeding has crossed that statutory stage, Section 272 itself does not authorize discharge on the ground of the complainant's absence.
Section 272 at a Glance
| Point | Rule under Section 272 BNSS |
|---|---|
| Nature of case | Proceedings instituted upon complaint |
| Trigger | Complainant absent on a day fixed for hearing |
| Type of offence | Lawfully compoundable or non-cognizable |
| Opportunity to complainant | Thirty days' time to be present |
| Power of Magistrate | Discretionary power to discharge the accused |
| Latest permissible stage | Any time before charge has been framed |
Practical Note
Section 272 should be read according to its precise procedural conditions. Whether a particular offence is compoundable or non-cognizable, and whether the case is still at the pre-charge stage, depends on the applicable offence and the procedural record before the court.
Official Resources
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024. Section 272 is titled "Absence of complainant."