BNSS Section 268: When accused shall be discharged
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 20: TRIAL OF WARRANT-CASES BY MAGISTRATES (A.—Cases instituted on a police report, B.—Cases instituted otherwise than on police report, C.—Conclusion of trial)
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268.
(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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 261. Compliance with section 230
- 262. When accused shall be discharged
- 263. Framing of charge
- 264. Conviction on plea of guilty
- 265. Evidence for prosecution
- 266. Evidence for defence
- 267. Evidence for prosecution
- 269. Procedure where accused is not discharged
- 270. Evidence for defence
- 271. Acquittal or conviction
- 272. Absence of complainant
- 273. Compensation for accusation without reasonable cause