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.

Study: explanations and related material

Replaces CrPC 245. CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03)

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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