CrPC 258→BNSS 281

CrPC 258 to BNSS 281: Power to stop proceedings in certain cases

Section 258 CrPC (1973) replaced by Section 281 BNSS (2023)

View CrPC Section 258 →View BNSS Section 281 →

CrPC 258 to BNSS 281 at a Glance

Section 258 CrPC (Power to stop proceedings in certain cases) is now Section 281 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 258 to BNSS 281?

Section 258 of the Code of Criminal Procedure, 1973 is found in Section 281 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Both carry the heading Power to stop proceedings in certain cases and the same text.

CrPC 258 vs BNSS 281: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section258281
HeadingPower to stop proceedings in certain casesSame

CrPC 258 and BNSS 281: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 258, CrPC 1973

258. Power to stop proceedings in certain cases.—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.
BNSS 2023 (in force)

Section 281, BNSS 2023

281. Power to stop proceedings in certain cases.—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.

When It Applies: CrPC 258 vs BNSS 281

Under CrPC 258
  1. A Magistrate of the first class may stop the proceedings in a summons-case instituted otherwise than upon complaint.
  2. Any other Judicial Magistrate may do so with the previous sanction of the Chief Judicial Magistrate.
  3. The Magistrate may stop the proceedings at any stage, for reasons to be recorded, without pronouncing any judgment.
  4. Where the stoppage is made after the evidence of the principal witnesses has been recorded, the Magistrate may pronounce a judgment of acquittal.
  5. In any other case, the Magistrate may release the accused, and such release shall have the effect of discharge.
Under BNSS 281
  1. A Magistrate of the first class may stop the proceedings in a summons-case instituted otherwise than upon complaint.
  2. Any other Judicial Magistrate may do so with the previous sanction of the Chief Judicial Magistrate.
  3. The Magistrate may stop the proceedings at any stage, for reasons to be recorded, without pronouncing any judgment.
  4. Where the stoppage is made after the evidence of the principal witnesses has been recorded, the Magistrate may pronounce a judgment of acquittal.
  5. In any other case, the Magistrate may release the accused, and such release shall have the effect of discharge.

What CrPC 258 to BNSS 281 Means in Practice

A reader of Section 281 BNSS finds the words of Section 258 CrPC on who may stop the proceedings, the acquittal after the evidence of the principal witnesses, and the release that has the effect of discharge.

FAQs: CrPC 258 to BNSS 281

Which BNSS section is Section 258 CrPC from 1 July 2024?▼

Section 281 BNSS. It has the same heading and the same text.

Is the text of Section 281 BNSS different from Section 258 CrPC?▼

No. Section 281 BNSS has the same heading and the same text as Section 258 CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·