Section 268 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Section 268: When Accused Shall Be Discharged
Text of the Section:
(1) If, upon taking all the evidence referred to in section 267, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.
🧭 Purpose and Context
Section 268 of the BNSS, 2023, outlines the circumstances under which a Magistrate may discharge an accused person during the course of a criminal trial. It provides two distinct scenarios:
Discharge After Considering Evidence (Section 268(1)): If, after evaluating all the evidence presented under Section 267, the Magistrate concludes that the evidence is insufficient to warrant a conviction, the accused shall be discharged.
Discharge at an Earlier Stage (Section 268(2)): A Magistrate has the discretion to discharge the accused at any earlier stage of the proceedings if, for reasons recorded, the charge is deemed groundless.
⚖️ Comparison with the Code of Criminal Procedure (CrPC)
Section 268 of the BNSS, 2023, corresponds to Section 245 of the Code of Criminal Procedure (CrPC), 1973. Both provisions empower a Magistrate to discharge the accused if, after considering the evidence, no case is made out that would warrant a conviction.
🧭 Significance
Ensures Fairness: This provision ensures that individuals are not subjected to prolonged trials without sufficient evidence, upholding the principle of fairness in the judicial process.
Judicial Discretion: It grants Magistrates the discretion to evaluate the evidence and make decisions that prevent the misuse of the legal system.
Protects Rights: By allowing for discharge at an early stage, it protects the rights of the accused from unwarranted legal proceedings.
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