When accused shall be discharged
AI Assist
Summary
After taking all the evidence, if the magistrate records reasons and finds the prosecution has not made out a case which, even if unrebutted, would warrant conviction, the magistrate shall discharge the accused. The magistrate may also discharge the accused at an earlier stage if, for recorded reasons, the charge appears groundless.
Example
Priya is accused by a neighbour of shoplifting. After prosecution and defence present all the evidence, the magistrate records reasons and concludes the proof would not, even if unrebutted, warrant conviction, so Priya is discharged.
Bare Act
Enacted 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.
Previous year papers
Pick your exam. we'll email the most recent paper.