section 268
When accused shall be discharged.
The Bharatiya Nagarik Suraksha Sanhita, 2023Criminal2023531 sections39 chapters
B.—Cases instituted otherwise than on police report
Statutory text
- (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.
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