In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.
Section 281 BNSS: Power to stop proceedings in certain cases
- Corresponding CrPC
- Section 258 CrPC
Bare Act text
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
In a summons-case not begun on a complaint, a first class Magistrate, or another Judicial Magistrate with the Chief Judicial Magistrate's previous sanction, may stop the proceedings at any stage for reasons recorded. The text sets out the effect of stopping before or after the principal witnesses' evidence is recorded.
Chapter XXI: Trial Of Summons-cases By Magistrates
- 274 Substance of accusation to be stated
- 275 Conviction on plea of guilty
- 276 Conviction on plea of guilty in absence of accused in petty cases
- 277 Procedure when not convicted
- 278 Acquittal or conviction
- 279 Non-appearance or death of complainant
- 280 Withdrawal of complaint
- 281 Power to stop proceedings in certain cases
- 282 Power of Court to convert summons-cases into warrant-cases