Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 268

BNSS 268: earlier CrPC 245

Section 268 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 245 of the Code of Criminal Procedure, 1973. BNSS 268 deals with when accused shall be discharged. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nagarik Suraksha Sanhita

BNSS 268 was CrPC 245.

When accused shall be discharged.

Carried over
Old wording kept in full
Old · CrPC 1973 · Ch. XIX
s. 245
When accused shall be discharged
(1) If, upon taking all the evidence referred to in section 244, 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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. XX
s. 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.
Text from India Code

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