Bharatiya Nagarik Suraksha Sanhita, 2023
Section 272
Absence of complainant
When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may after giving thirty days’ time to the
complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.
Why this exists
This prevents accused persons from being stuck indefinitely in limbo because a private complainant simply stopped showing up, particularly for minor offences that can be settled between parties or aren't serious enough to require police-led investigation. Giving the complainant a full thirty days first balances this against genuinely temporary absences. It mirrors a portion of section 249 of the earlier Code of Criminal Procedure.