CrPC 245 vs BNSS 268: When accused shall be discharged
Section 245 of the Code of Criminal Procedure is now section 268 of the Bharatiya Nagarik Suraksha Sanhita, in force from 1 July 2024. 44% of the old wording is kept; 101 words removed and 1 word added.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
CrPC section 245When accused shall be discharged
(1) If, upon taking all the evidence referred to in section 244, 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. State Amendment West Bengal In section 245 of the principal Act, after sub-section (2), the following sub-section shall be inserted: — “(3) If all the evidence referred to in section 244 are not produced in support of the prosecution within four years from the date of appearance of the accused, the Magistrate shall discharge the accused unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall not be in the interest of justice to discharge the accused.”. Vide West Bengal Act 24 of 1988, s. 5.
BNSS section 268When accused shall be discharged
(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 of both sections from India Code, as in our Bare Acts library. Footnotes and amendment notes are on the section pages. Find any other section with the section converter.