BNSS Section 268 — When accused shall be discharged

CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES

Criminal

Summary

After the magistrate has considered all the evidence presented under section 267, if the magistrate decides that the evidence does not make out a case that would lead to a conviction even if the accused did not challenge it, the magistrate must record the reasons for this decision and discharge the accused. This section also allows the magistrate to discharge the accused at any earlier stage of the case if the magistrate records reasons for finding that the charge has no basis.

Official Text

(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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

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