CrPC Section 299
Section 299 of the Code of Criminal Procedure (CrPC), 1973 (India):
Section 299 CrPC – When accused may be discharged
"When, upon consideration of the record of the case and the report of the police or other investigation, or upon the evidence, the Magistrate considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing."
✅ Key Points:
Applicable in cases instituted on police report or complaint.
After considering the police report, evidence, and case record, the magistrate may decide that:
There is insufficient ground to proceed against the accused.
If so, the magistrate discharges the accused.
The magistrate must record reasons in writing for the discharge.
This prevents unnecessary harassment or trial when evidence is weak or prima facie case is absent.
🧑⚖️ Purpose:
To filter out baseless cases early in the trial process.
Acts as a check against frivolous prosecution.
Procedure:
This usually happens before framing charges or early in the trial.
The magistrate examines:
Police investigation reports,
Witness statements,
Other evidence submitted.
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