An accused shall be discharged after all the evidence referred to in Section 269 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been taken. If, after considering all the evidence referred to in Section 267, the Magistrate concludes, for reasons to be recorded, that no case against the accused has been established which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him. However, 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 the Magistrate, he considers the charge to be groundless.

According to Section 269, where the accused is not discharged: if, after such evidence has been taken or at any previous stage of the case, the Magistrate is of the opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which the Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame a charge against the accused in writing.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defense to make.

As per sub-clause (3), if the accused pleads guilty, the Magistrate shall record the plea and may, at his discretion, convict him thereon.

As per sub-clause (4), if the accused refuses to plead, does not plead, or claims to be tried, or if the accused is not convicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate, for reasons to be recorded in writing, thinks fit, forthwith, whether he wishes to cross-examine any, and, if so, which of the witnesses for the prosecution whose evidence has been taken. If he states that he does not wish to cross-examine, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), shall be discharged.

As per sub-clause (6), the evidence of any remaining witnesses for the prosecution shall next be taken, and after cross-examination and re-examination (if any), they shall also be discharged.

Written By: S Kundu & Associates
Email: [email protected], Ph No: +9051244073