CrPC 245 BNSS Equivalent: New Section and What Changed

Aspect	CrPC 1973 (repealed)	BNSS 2023 (in force)
Section	245	268
Heading	When accused shall be discharged	Same
Sub-sections	2 sub-sections	Same
Cross-references	s.244	s.267

CrPC 245 and BNSS 268: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 245, CrPC 1973

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.

BNSS 2023 (in force)

Section 268, BNSS 2023

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.

When It Applies: CrPC 245 vs BNSS 268

Under CrPC 245

Section 245(1) CrPC applies upon taking all the evidence referred to in Section 244 CrPC.
The Magistrate shall discharge the accused if 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.
Section 245(2) CrPC provides that nothing in Section 245 CrPC 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, the Magistrate considers the charge to be groundless.

Under BNSS 268

Section 268(1) BNSS applies upon taking all the evidence referred to in Section 267 BNSS.
The Magistrate shall discharge the accused if 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.
Section 268(2) BNSS provides that nothing in Section 268 BNSS 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, the Magistrate considers the charge to be groundless.

What CrPC 245 to BNSS 268 Means in Practice

Section 268(1) BNSS speaks of the evidence referred to in Section 267 BNSS where Section 245(1) CrPC spoke of the evidence referred to in Section 244 CrPC.

FAQs: CrPC 245 to BNSS 268

What is the difference between Section 245 CrPC and Section 268 BNSS?▼

Section 268 BNSS has the same heading and the same text as Section 245 CrPC, except that Section 268(1) BNSS refers to Section 267 BNSS where Section 245(1) CrPC referred to Section 244 CrPC.

Which section does Section 268(1) BNSS refer to?▼

Section 267 BNSS, headed Evidence for prosecution. Section 245(1) CrPC referred to Section 244 CrPC, also headed Evidence for prosecution.

Is Section 268(2) BNSS different from Section 245(2) CrPC?▼

No. Section 268(2) BNSS has the same text as Section 245(2) CrPC.

CrPC 245 to BNSS 268: When accused shall be discharged

CrPC 245 to BNSS 268 at a Glance

What Changed From CrPC 245 to BNSS 268?

CrPC 245 vs BNSS 268: Comparison Table

CrPC 245 and BNSS 268: Bare Act Text Side by Side

When It Applies: CrPC 245 vs BNSS 268

What CrPC 245 to BNSS 268 Means in Practice

FAQs: CrPC 245 to BNSS 268