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CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES · B.—Cases instituted otherwise than on police report

Section 268: When accused shall be discharged

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 1 of our papers cite Section 268.

Practise questions on Bharatiya Nagarik Suraksha Sanhita