Section 281 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 281 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers a Magistrate to halt proceedings in certain summons-cases that are not initiated upon a complaint. This provision allows for the cessation of proceedings at any stage, with specific outcomes depending on the timing of the stoppage.(
📜 Text of Section 281
Section 281: Power to stop proceedings in certain cases
In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge
⚖️ Comparison with the Criminal Procedure Code (Cr.P.C.)
Section 281 of the BNSS mirrors Section 258 of the Cr.P.C., which grants a Magistrate the authority to stop proceedings in summons-cases instituted otherwise than upon complaint. Both sections stipulate that the Magistrate must record reasons for halting the proceedings and outline the consequences of such actions
🧭 Practical Implications
Discretionary Power: The Magistrate possesses the discretion to discontinue proceedings at any stage, provided reasons are recorded, ensuring judicial accountability.
Consequences of Stoppage:
After Principal Witnesses' Evidence: If proceedings are halted after recording the evidence of principal witnesses, the Magistrate is required to pronounce a judgment of acquittal.
Before Principal Witnesses' Evidence: If proceedings are stopped before recording the evidence of principal witnesses, the accused is released, and such release is treated as a discharge.
Safeguard Against Arbitrary Discontinuation: The requirement for prior sanction from the Chief Judicial Magistrate, when applicable, serves as a safeguard against arbitrary discontinuation of proceedings
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