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BNSS Section 268: When accused shall be discharged

Section 268 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with when accused shall be discharged. It replaces CrPC 245 of the Code of Criminal Procedure, 1973.

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Text of BNSS Section 268

268. (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.

CrPC sections replaced

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