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CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES · A.–Cases instituted on a police report

Section 239: When accused shall be discharged

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Now in the BNSS

As given in the official comparison tables of the Bureau of Police Research and Development and the Allahabad High Court (the NCRB table has no row for it). Read both texts before relying on it.

CrPC 239BNSS 262

Questions on this section

1 question in 1 of our papers cite Section 239.

Practise questions on Criminal Law