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Report No. 154

64. Absence of complainant: Amendment of sections 249 and 256

Do you suggest that sections 249 and 256 of the Code be amended to enable the Magistrate to discharge the accused in case the complainant remains absent in the proceedings instituted upon complainant, on any day fixed for the hearing of the case, even in cases of offences which are non-compoundable and cognizable, on the following lines:

Magistrate may, in his discretion, notwithstanding anything herein before contained, at any time before the charge has been framed, discharged the accused"?

65. Do you agree that simultaneously there should be a provision regarding restoration of a criminal case dismissed for default in appearance and consequential discharge or acquittal of the accused for non-appearance as projected under sections 249 and 256 of the Code of Criminal Procedure as recommended in 141st Report of the Law Commission. If so, subject to which terms and conditions?

The Code of Criminal Procedure, 1973 Back

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