In a summons trial case instituted on a complaint wherein the summons has been issued to the accused, the non-appearance or death of the complainant shall entail _________________-.

All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:

67.

A: Discharge of the accused

B: Acquittal of the accused

C: Either discharge or acquittal depending on the facts & circumstances of the case

D: None of these

The answer is: B

<< Previous Question

The correct option is B: Acquittal of the accuse

According to Section 256 of the CrPC, Non-appearance or death of complainant :-

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.
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.