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In a summons case, instituted on a complaint, the accused having been summoned is liable to be acquitted under section 256 of Cr PC:
on account of death of the complainant
on account of non-appearance of the complainant
both (a) & (b)
only (b) & not (a).
- Section 256 of CrPC deals with the acquittal of the accused in summons cases if the complainant does not appear.
- If the complainant is absent on the date of hearing, the magistrate can acquit the accused.
- If the complainant dies, the magistrate may acquit the accused, unless there is someone available who wants to continue the case.
- So, both non-appearance and death of the complainant can result in acquittal.
- Option 1: Only talks about death—not complete.
- Option 2: Only non-appearance—not complete.
- Option 3: both (a) & (b) — Correct, as both situations can lead to acquittal.
- Option 4: Only option (b), does not include (a).
By: Parvesh Mehta ProfileResourcesReport error
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