CrPC § 245 · Code of Criminal Procedure, 1973 · Repealed on 1 July 2024

Section 245 CrPC — When accused shall be discharged

Replaced from 1 July 2024 by BNSS 268 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the CrPC.

The law now: BNSS 268 — When accused shall be discharged

(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.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNSS 268 in full

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