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CrPC Section 256. Non-appearance or death of complainant


 
Category of Bare Act Name of the Act Year of Promulgation
Criminal Laws Code of Criminal Procedure 1973
Act Number Enactment Date Chapter Number
02 01-04-1974 20
Chapter Title Ministry Department
Trial Of Summons-Cases By Magistrates Ministry of Home Affairs Department of Internal Security

(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.

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