249
249
Absence of complainant
Code of Criminal Procedure, 1973
Chapter XIX Trial of Warrant-Cases by Magistrates
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsTrial ProcedureComplainant AbsenceDischarge
🗣️ Simple Explanation
What does this law say?
Section 249 of the CrPC says that if a case started because of a complaint, and the person who complained (the complainant) is not present on the hearing day, the Magistrate can discharge the accused. This only applies if the crime can be settled or is not a serious crime.
Why does this law exist?
This law helps to manage court cases efficiently. It allows the Magistrate to dismiss cases where the complainant is not interested in pursuing the case.
Real-life impact
If you are accused of a minor offense, and the complainant doesn't show up, you might be discharged. This can save you from a lengthy trial.
What happens if you break this law?
This section is about the process, not the crime. It doesn't define a crime or punishment. It is about how the trial proceeds.
💡 Real Life Example
Sneha files a complaint. She doesn't appear in court. The Magistrate discharges the accused. The case ends.
Rahul is accused of a minor offense. The complainant is absent. The Magistrate dismisses the case. Rahul is free.
Priya's complaint is about a crime that can be settled. She doesn't attend court. The accused is discharged.
🛡️ KNOW YOUR RIGHTS
- •Be discharged if the complainant is absent.
- •Have the case dismissed if the crime is minor.
- •Avoid a trial if the complainant is not present.
- •Understand the reasons for discharge.
- •Seek legal advice if needed.
❓ FREQUENTLY ASKED QUESTIONS
Section 249 of the CrPC deals with the absence of the complainant. If the complainant is absent on the hearing day, and the offense is compoundable or not cognizable, the Magistrate can discharge the accused before the charges are framed. This helps in managing court cases efficiently.
Section 249 itself does not define a crime or punishment. It only describes the procedure to be followed in a trial. The punishment depends on the specific crime the person is accused of, which will be determined by other sections of the CrPC and the Indian Penal Code.
Section 249 deals with the trial process, not the nature of the crime. Whether the offense is bailable or not depends on the specific crime the person is accused of. This will be determined by other sections of the CrPC and the Indian Penal Code.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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