Report No. 233

II. Law Commission's 141s Report

2.1 The 12th Law Commission of India in its 141 st Report titled "Need for Amending the Law as regards Power of Courts to Restore Criminal Revisional Applications and Criminal Cases Dismissed for Default in Appearance" [1991] recommended, inter alia, amendment of section 256 of the CrPC enabling restoration of a criminal case wherein the accused has been acquitted for non-appearance of the complainant where there was sufficient cause for the non-appearance. A meritorious complaint cannot be allowed to be thwarted only on the ground that the complainant was unable to remain present, even though there existed good and sufficient cause for such absence.

2.2 The Law Commission in its aforesaid Report further recommended amendment of section 482 of the CrPC for conferment of inherent powers also on all subordinate criminal courts other than the High Court.