When accused shall be discharged
AI Assist
Summary
After hearing all the prosecution and defence evidence, if the Magistrate records reasons and finds that the material would not, even if unrebutted, justify convicting the accused, the Magistrate must discharge them. The Magistrate may also discharge the accused earlier at any stage if, for recorded reasons, the charge appears groundless.
Example
Priya is accused of shop theft and the court hears witness statements and her defence. After recording reasons the Magistrate finds the evidence would not, even if unrebutted, support a conviction and discharges her.
Bare Act
Enacted text(1) If, upon taking all the evidence referred to in section 244 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.
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