In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.
Bharatiya Nagarik Suraksha Sanhita
Section 281
Power to stop proceedings in certain cases
Englishहिंदी
⚡ Quick Answer Reference: Section 281 BNSS
- Provision: Section 281 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF SUMMONS-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: A Magistrate can stop a case at any stage without giving a verdict. If the main witnesses have given their evidence, the Magistrate can declare the accused not guilty. Otherwise, the accused will be released.
Statutory Content
What does Section 281 of BNSS say?
Indian StandardSection 281, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 281 (India)
Court Pleading StandardSection 281 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/281
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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 281 of BNSS mean?
Plain English Explanation
A Magistrate can stop a case at any stage without giving a verdict. If the main witnesses have given their evidence, the Magistrate can declare the accused not guilty. Otherwise, the accused will be released.
Practical Interpretation
This section allows a Magistrate to halt a case if they think it's necessary. They can do this without giving a verdict, but if the main witnesses have already testified, they can declare the accused not guilty. This means the accused won't be punished.
Core Legal Purpose
The core purpose of this section is to give Magistrates the power to stop cases if they think it's necessary. This can help prevent unnecessary trials and save time and resources.
Key Legal Elements
- •The case must be a summons-case instituted otherwise than upon complaint.
- •The Magistrate must be of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate.
- •The Magistrate must have reasons to stop the proceedings, which must be recorded.
- •The stoppage of proceedings must be made at any stage without pronouncing any judgment.
Practical Example
Practical Example of Section 281 BNSS
Rajesh is accused of a crime and is brought to court. The Magistrate, Mr. Kumar, decides to stop the proceedings because he thinks there's not enough evidence. Since the main witnesses have already testified, Mr. Kumar declares Rajesh not guilty. Rajesh is released from custody.
Common Questions (FAQ)
Frequently Asked Questions about Section 281 BNSS
Q: What is the punishment or consequence under Section 281 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is the stoppage of proceedings and the release of the accused.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who are accused of a crime and brought to court.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal classification. It deals with the power of a Magistrate to stop proceedings, not with the nature of the offence.
People Also Ask (PAA)
Common Questions about Section 281 BNSS
What is Section 281 of BNSS?
Section 281 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to stop proceedings in certain cases". In plain terms: A Magistrate can stop a case at any stage without giving a verdict. If the main witnesses have given their evidence, the Magistrate can declare the accused not guilty. Otherwise, the accused will be released.
What is the punishment under Section 281 of BNSS?
Section 281 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 281 of BNSS bailable or non-bailable?
Whether Section 281 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 281 of BNSS?
The essential elements of Section 281 of BNSS are: The case must be a summons-case instituted otherwise than upon complaint.; The Magistrate must be of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate.; The Magistrate must have reasons to stop the proceedings, which must be recorded..
Landmark Case Laws
Landmark Judgments under Section 281 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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