Application for Adjournment or Exemption from Personal Appearance by Complainant
A complainant who cannot attend a scheduled hearing in a criminal complaint may request the court to excuse personal attendance for that date, or, where necessary, adjourn the proceedings. The request should state a genuine reason and be supported by available documents.
The court decides whether personal attendance is necessary and whether an adjournment is justified. Representation through an advocate may help the court proceed without the complainant in appropriate cases; filing an application does not automatically excuse attendance.
Applicable legal provisions
Section 279, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Non-appearance or death of complainant: In a summons case instituted on a complaint, Section 279 addresses the consequences when the complainant does not appear. The provision requires that the complainant be given thirty days' time to be present before acquittal under that provision, unless the Magistrate considers it proper to adjourn the hearing. Its proviso allows the Magistrate to dispense with the complainant's attendance and proceed where the complainant is represented by an advocate or the officer conducting the prosecution, or where personal attendance is unnecessary.
Section 346, BNSS, 2023
Power to postpone or adjourn proceedings: Section 346 governs postponement and adjournment of inquiries and trials. Adjournments require recorded reasons and are restricted, including where the circumstances are beyond the party's control. Where such circumstances exist, the provision ordinarily limits adjournments sought by a party to two, after hearing objections and recording reasons. An advocate being engaged in another court is not, by itself, a ground for adjournment.
For proceedings governed by the earlier Code of Criminal Procedure, 1973, the corresponding provisions are Section 256 (non-appearance of complainant) and Section 309 (adjournment). The applicable procedural law in a pending case should be checked in light of the repeal and savings provisions of the BNSS.
Official statutory texts: Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code PDF) | Code of Criminal Procedure, 1973 (India Code).
When can a complainant apply?
Typical grounds include illness, a medical emergency, unavoidable travel disruption, or another circumstance genuinely preventing attendance. The application should identify the case, hearing date, precise reason for absence, whether the complainant's evidence is scheduled, and whether counsel can represent the complainant. Attach relevant medical records, travel documents, or other supporting material where available.
Specimen application format
The following specimen can be adapted for a complaint case, including an appropriate cheque dishonour complaint under Section 138 of the Negotiable Instruments Act, 1881. Delete inapplicable alternatives and verify the correct statutory provisions before filing.
IN THE COURT OF ________________________
Complaint Case No. ________ of ________
In the matter of:
Mr./Ms. ________________________
Complainant / Applicant
VERSUS
Mr./Ms. ________________________
Accused / Respondent
Application on behalf of the complainant seeking exemption from personal appearance for the hearing dated __________ and, if necessary, adjournment
MOST RESPECTFULLY SHOWETH:
- That the above-mentioned complaint is pending before this Hon'ble Court and is listed for hearing on __________.
- That the applicant is the complainant in the present matter and is unable to attend personally on the aforesaid date because ________________________________________ [state the actual reason, such as illness or another unavoidable circumstance].
- That the applicant's inability to attend is neither wilful nor deliberate. The applicant has acted in good faith and respectfully seeks indulgence of this Hon'ble Court.
- That the applicant is represented by counsel, who is authorised to appear and assist the Court on the scheduled date, subject to the directions of this Hon'ble Court.
- That the applicant undertakes to appear on the next date or whenever specifically directed by this Hon'ble Court. Supporting documents, if any, are annexed.
- That the applicant requests exemption from personal appearance for the stated date under the applicable law, including the proviso to Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where applicable. If the proceedings cannot reasonably continue in the applicant's absence, the applicant alternatively requests an adjournment under Section 346 of the said Sanhita, subject to the Court's discretion.
Prayer
In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:
- Exempt the complainant/applicant from personal appearance on __________;
- Permit the applicant's counsel to represent the applicant on that date, insofar as permissible by law;
- In the alternative, if the applicant's personal presence is essential, adjourn the hearing to a suitable date; and
- Pass any other order deemed fit and proper in the interests of justice.
And for this act of kindness, the applicant shall, as in duty bound, ever pray.
Place: __________________
Date: __________________
Complainant / Applicant
Signature: __________________
Through counsel:
Name: __________________
Signature: __________________
Enclosures: Supporting documents, if any.
How to file the application
- Confirm the next hearing date, the stage of proceedings, and any earlier directions requiring personal attendance.
- Fill in the correct court name, complaint number, parties' names, date and specific reason for absence.
- Attach genuine supporting documents, if available, and sign the application as required by the court's procedure.
- Arrange for filing through counsel or by an otherwise permitted filing method, preferably before the scheduled hearing.
- Check the court's order on the application. Until relief is granted, do not assume that personal attendance has been dispensed with.
Frequently asked questions
Is exemption automatic when an advocate appears?
No. The Magistrate may dispense with attendance in appropriate summons complaint cases, but the decision remains with the court.
Can the court refuse an adjournment?
Yes. Section 346 restricts adjournments and requires adequate reasons. The court may proceed where the law and the circumstances permit.
Can this format be used in a cheque dishonour case?
It may be adapted to a private complaint under Section 138 of the Negotiable Instruments Act, 1881, subject to the stage of proceedings, applicable procedural law, and directions of the Magistrate.
This is a general drafting specimen, not a substitute for case-specific legal advice. The appropriate relief and statutory citation depend on the proceedings and applicable court rules.