CrPC Section 249: Absence of Complainant
This section deals with the situation where the complainant is absent during the trial.
1. State the Code:
Section 249 of the Code of Criminal Procedure (CrPC), 1973
2. Explanation:
Section 249 states that if the complainant is absent at the time of the trial, the court can proceed with the trial, even in the absence of the complainant, if it is satisfied that the complainant’s absence is not intentional, and that the complainant is likely to be available for the next hearing.
The court may also order the complainant to be produced before the court, or the court may issue a warrant for the complainant’s arrest.
3. Illustration:
A woman files a complaint against her husband for domestic violence. During the trial, the woman is absent. The court, after inquiring into the reasons for her absence, finds that she is hospitalized due to a sudden illness. In this case, the court may proceed with the trial, keeping in mind the possibility of the complainant’s attendance in the next hearing.
4. Common Questions and Answers:
Q: What if the complainant is intentionally absent?
If the court is satisfied that the complainant’s absence is intentional, it may dismiss the complaint, or adjourn the trial.
Q: Can the court proceed with the trial without the complainant’s consent?
Yes, the court can proceed with the trial even if the complainant is not present, but the court must be satisfied that the complainant’s absence is not intentional.
Q: What if the complainant is not available for the next hearing?
The court may issue a warrant for the complainant’s arrest or adjourn the trial until the complainant is available.
