CRPC §256 → BNSS §279
Non-appearance or death of complainant
Jump to section
Comparison
256. Non-appearance or death of complainant.—(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.
279.
(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.
What changedAI-inferred
Non-appearance or death of complainant.
Old position
CrPC 256 is concerned with Non-appearance or death of complainant. Non-appearance or death of complainant
New position
BNSS 279 preserves the framework with drafting modernisations as required by the new code. Topic: If the summons has been issued on complaint, and on the day.. 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
BNSS 279 (If the summons has been issued on complaint, and on the day.) preserves the framework of CrPC 256. BNSS 279 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 279 text: If the summons...
Editorial deltaAI-indicated (source-linked)
BNSS 279 (If the summons has been issued on complaint, and on the day.) preserves the framework of CrPC 256. BNSS 279 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 279 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 256 continues to apply. For matters from that date forward, BNSS 279 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 279 (If the summons has been issued on complaint, and on the day.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §256 → BNSS §279 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/256.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.