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
Please Drop Your Comments