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CrPC Section 245 in BNSS: Section 268

When accused shall be discharged

Section 245 of the Code of Criminal Procedure, 1973 (When accused shall be discharged) corresponds to Section 268 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

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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.

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