CrPC Section 315
Section 315 of the Criminal Procedure Code (CrPC), 1973 (India):
CrPC Section 315 – Power of Court to release accused after examination
What Section 315 says:
After the examination of the accused under Section 313 (where the accused is questioned on the evidence against them), if the Magistrate thinks there is no sufficient ground for proceeding against the accused, the Magistrate may discharge the accused.
Essentially, after hearing the accused’s explanation, if the court finds the evidence insufficient to justify continuing the trial, it can release the accused.
Purpose:
To allow the court to discharge the accused at the stage of trial if the prosecution’s evidence fails to establish a prima facie case.
Provides a safeguard to prevent unnecessary or vexatious trials continuing without sufficient basis.
Key points:
Comes into play after the accused has been examined under Section 313.
The court has discretion to discharge the accused if evidence is insufficient.
Protects the accused from prolonged trial without merit.
Context:
Section 313 is where the accused is given an opportunity to explain or deny the evidence against them.
Section 315 lets the Magistrate decide after this explanation whether to continue or discharge.
Example:
If the prosecution evidence is weak, and after the accused’s explanation, the Magistrate is convinced that there is no case to answer, the Magistrate can discharge the accused under Section 315.
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