Section 245 CrPC: When accused shall be discharged

Chapter XIX

Criminal procedure, CRPC, discharge, evidence, groundless charge, Magistrate, prima facie case, warrant trial

New Law Update (2024)

Section 265 BNSS

TRIAL COURT

Magistrate's Court

Punishment

Procedural – Warrant / Summons Process

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(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.

Important Sub-Sections Explained

Section 245(1)

This subsection deals with discharge *after* all prosecution evidence has been presented in a warrant case. If the Magistrate finds that the evidence, even if accepted as true, does not establish a case warranting conviction, the accused must be discharged with recorded reasons.

Section 245(2)

This subsection allows a Magistrate to discharge the accused at *any earlier stage* of the case if the charges are considered completely baseless or ‘groundless’. This power prevents unnecessary continuation of proceedings when the accusation lacks fundamental merit, requiring the Magistrate to record specific reasons.

Landmark Judgements

Union of India v. Prafulla Kumar Samal (1979):

This seminal judgment established the guiding principles for discharge, stating that a Magistrate, at the stage of considering discharge, is not required to conduct a meticulous evaluation of evidence but must assess if a strong, non-groundless suspicion exists that the accused committed the offence. If the available material does not raise such a strong suspicion, discharge is warranted.

Sheonandan Paswan v. State of Bihar (1987):

This ruling reinforced the significance of the power to discharge as a vital safeguard against unwarranted harassment and vexatious prosecution. It affirmed that if, even at an initial stage, the Magistrate finds the charge to be entirely without basis (groundless), the accused must be discharged to prevent an abuse of the legal process.

Chapter XIX