Section 268 BNSS: When accused shall be discharged
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 268 BNSS at a Glance
Section 268 BNSS deals with when accused shall be discharged. It replaced Section 245 CrPC on 1 July 2024.
Section 268 BNSS Bare Act Text
(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.
Source: Section 268, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 268 BNSS in Simple Words
Section 268 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed When accused shall be discharged.
If, upon taking all the evidence referred to in Section 267 BNSS, 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.
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, he considers the charge to be groundless.
When Section 268 BNSS Applies
- 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.
Example of Section 268 BNSS
When Section 268 BNSS Does Not Apply
- Section 268 BNSS speaks of discharge by a Magistrate. It does not deal with discharge by the Judge, which is the subject of Section 250 BNSS.
- Section 268 BNSS speaks of the discharge of the accused. It does not deal with the procedure where the accused is not discharged, which is the subject of Section 269 BNSS.
Section 268 BNSS in the CrPC (Previous Law)
Section 268 BNSS replaced Section 245 CrPC from 1 July 2024.
From 1 July 2024, Section 245 of the Code of Criminal Procedure, 1973 is found in Section 268 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both sections have the same heading, When accused shall be discharged. Section 268(1) BNSS refers to Section 267 BNSS where Section 245(1) CrPC referred to Section 244 CrPC. The rest of the text is the same.
Each sub-section below names its own source.
FAQs on Section 268 BNSS
When shall the Magistrate discharge the accused under Section 268(1) BNSS?▼
If, upon taking all the evidence referred to in Section 267 BNSS, 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.
Can the Magistrate discharge the accused before all the evidence is taken under Section 268 BNSS?▼
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.
Must the Magistrate record reasons under Section 268 BNSS?▼
Yes. Section 268(1) BNSS and Section 268(2) BNSS both speak of reasons to be recorded.
What changed from Section 245 CrPC to Section 268 BNSS from 1 July 2024?▼
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.
Section 268 BNSS: Sub-sections Explained
Section 268(1) BNSS: When accused shall be discharged
▶
Bare Act Text
(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.
Section 268(2) BNSS: When accused shall be discharged
▶
Bare Act Text
(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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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·