BNSS Section 281 — Power to stop proceedings in certain cases

Summary

In a summons-case that was started without a private complaint, a first-class Magistrate—or another Judicial Magistrate with the Chief Judicial Magistrate’s prior approval—can stop the case at any point without giving a final judgment. The Magistrate must write down the reasons for stopping the case. If the case is stopped after the main witnesses have already testified, the Magistrate must give a judgment of acquittal. In all other situations, the accused is simply released, and this release has the same effect as a formal discharge.

Official Text

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.

Referred to by

• BNSS §337 — Person once convicted or acquitted not to be tried for same offence

Related Judgments

• SHAMBHU MUKHIYA vs THE STATE (GOVT OF NCT OF DELHI) & ORS — Delhi High Court (2026)
• SHRI HARPREET SINGH vs STATE OF NCT OF DELHI & ANR — Delhi High Court (2025)
• HARKANWAR SINGH ANAND vs THE STATE OF NCT DELHI & ANR — Delhi High Court (2025)
• Mr. MB Tariq (through; VC), Mr. Nadeem Khan; Mr. Azhar Ali & Ms. Kirti vs THE STATE GOVT OF NCT OF, DELHI AND ANR — Delhi High Court (2025)
• JAYANTA GUPTA vs THE STATE GOVT. NCT OF DELHI, ANR — Delhi High Court (2025)

Old <-> New Code Mapping

• CrPC §258 — Power to stop proceedings in certain cases