Bharatiya Nagarik Suraksha Sanhita

Section 268

When accused shall be discharged

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⚡ Quick Answer Reference: Section 268 BNSS

Provision: Section 268 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: TRIAL OF WARRANT-CASES BY MAGISTRATES
Jurisdiction: India
Summary: If the evidence against the accused is weak or insufficient, the Magistrate can discharge them. This means the accused is let go without being convicted. The Magistrate can make this decision at any stage of the case if they think the charge is groundless.

Statutory Content

What does Section 268 of BNSS say?

(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.

Indian StandardSection 268, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 268 (India)

Court Pleading StandardSection 268 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 268 of BNSS mean?

Plain English Explanation

If the evidence against the accused is weak or insufficient, the Magistrate can discharge them. This means the accused is let go without being convicted. The Magistrate can make this decision at any stage of the case if they think the charge is groundless.

Practical Interpretation

In real practice, this section means that the Magistrate has the power to discharge the accused if they don't think there's enough evidence to convict them. This can happen at any stage of the case, not just at the end. The Magistrate must record their reasons for making this decision.

Core Legal Purpose

The core purpose of this section is to ensure that the accused is not wrongly convicted due to insufficient evidence. It gives the Magistrate the power to make a decision based on the evidence presented, and to let the accused go if they don't think they've committed a crime.

Key Legal Elements

•The Magistrate must consider all the evidence referred to in Section 267.
•The Magistrate must think that no case has been made out against the accused which would warrant their conviction.
•The Magistrate must record their reasons for making this decision.
•The Magistrate can discharge the accused at any previous stage of the case if they think the charge is groundless.

Practical Example

Practical Example of Section 268 BNSS

Rajesh is accused of theft. During the investigation, the police gather evidence, but it's not strong enough to prove Rajesh's guilt. The Magistrate considers all the evidence and decides that it's not enough to convict Rajesh. The Magistrate records their reasons and discharges Rajesh. This is an example of how Section 268 applies in everyday situations.

Common Questions (FAQ)

Frequently Asked Questions about Section 268 BNSS

Q: What is the punishment or consequence under Section 268 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. The consequence of being discharged under this section is that the accused is let go without being convicted.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it deals with the discharge of accused persons in general.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with the classification of offences as bailable or cognizable. It is a procedural provision and does not prescribe any penal punishment.

Common Questions about Section 268 BNSS

What is Section 268 of BNSS?

Section 268 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "When accused shall be discharged". In plain terms: If the evidence against the accused is weak or insufficient, the Magistrate can discharge them. This means the accused is let go without being convicted. The Magistrate can make this decision at any stage of the case if they think the charge is groundless.

What is the punishment under Section 268 of BNSS?

Section 268 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 268 of BNSS bailable or non-bailable?

Whether Section 268 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 268 of BNSS?

The essential elements of Section 268 of BNSS are: The Magistrate must consider all the evidence referred to in Section 267.; The Magistrate must think that no case has been made out against the accused which would warrant their conviction.; The Magistrate must record their reasons for making this decision..

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