TRIAL OF SUMMONS-CASES BY MAGISTRATESCentral

Section 281 of The Bharatiya Nagarik Suraksha Sanhita, 2023 in hindi

In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.

Summary

Magistrates can stop proceedings in summons-cases not initiated by a complaint.
First-class Magistrates have the authority to stop proceedings, while other Judicial Magistrates require prior sanction from the Chief Judicial Magistrate.
Reasons for stopping the proceedings must be recorded in writing.
If proceedings are stopped after principal witnesses have testified, the Magistrate must pronounce a judgment of acquittal.
If proceedings are stopped before principal witnesses have testified, the accused is released, which acts as a discharge.

Practical examples

1The court starts a case for an illegal street stall based on a police report. Halfway through, the judge realizes the evidence is confusing and stops the trial. Since the main witnesses already spoke, the owner is acquitted.

2A Magistrate stops a trial for a minor public nuisance after two weeks because the main files are lost. Since no witnesses have testified yet, the accused is just released, which counts as a discharge.

FAQ

1. Who has the authority to stop proceedings under Section 281?

A Magistrate of the first class, or any other Judicial Magistrate with the previous sanction of the Chief Judicial Magistrate.

2. What happens if the proceedings are stopped after the principal witnesses have been heard?

The Magistrate must pronounce a judgment of acquittal.

3. What is the legal effect of releasing an accused if proceedings are stopped early?

The release has the effect of a discharge.

4. Does this section apply to all summons-cases?

No, it applies only to summons-cases instituted otherwise than upon complaint.

Test yourself

Q1.Under Section 281 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the result if the Magistrate stops proceedings AFTER the evidence of the principal witnesses has been recorded?

Q2.According to Section 281 of the BNSS, 2023, what is the result if the Magistrate stops proceedings BEFORE the evidence of the principal witnesses has been recorded?

Q3.Under Section 281 of the 2023 Sanhita, which officer must give previous sanction if a regular Judicial Magistrate (not first class) wants to stop proceedings?

Q4.Under Section 281 of the Bharatiya Nagarik Suraksha Sanhita, 2023, this power to stop proceedings applies to summons-cases instituted in what way?

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