Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XX: Trial Of Warrant-cases By Magistrates

Section 268 BNSS: When accused shall be discharged

Corresponding CrPC: Section 245 CrPC

Bare Act 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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Requires the Magistrate to discharge the accused, for recorded reasons, if after taking the prosecution evidence he considers no case has been made out which, if unrebutted, would warrant conviction. He may also discharge the accused at an earlier stage if he considers the charge groundless.