- 09-Nov-2024
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(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.
Section 268 outlines the conditions under which a Magistrate may discharge an accused individual. If, after reviewing the evidence, the Magistrate finds that there is no substantial case to support a conviction, he is obligated to discharge the accused. Additionally, the Magistrate has the discretion to discharge the accused at any earlier point in the proceedings if the charge is deemed groundless.
The Magistrate shall discharge the accused.
Yes, the Magistrate may discharge the accused at any previous stage if he finds the charge to be groundless.
The Magistrate must record the reasons for discharging the accused.
Section 268 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows for the discharge of an accused individual when the Magistrate finds that no substantial case exists that could lead to a conviction. This section emphasizes the importance of assessing the evidence critically and provides the Magistrate with the authority to act early in the proceedings if charges are deemed groundless.
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