HomeThe Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023Section 268.   When accused shall be discharged.

Section 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.

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