Section 281 BNSS: Power to stop proceedings in certain cases

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 281 BNSS at a Glance

Section 281 BNSS deals with power to stop proceedings in certain cases. It replaced Section 258 CrPC on 1 July 2024.

Was CrPC

Section 281 BNSS Bare Act Text

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.

Source: Section 281, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 281 BNSS in Simple Words

Section 281 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to stop proceedings in a 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.

Where such stoppage is made after the evidence of the principal witnesses has been recorded, the Magistrate may pronounce a judgment of acquittal. In any other case, the Magistrate may release the accused, and such release shall have the effect of discharge.

When Section 281 BNSS Applies

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

Example of Section 281 BNSS

Magistrate Arvind, a Magistrate of the first class, is trying a summons-case against Kavita that was instituted otherwise than upon complaint. After the evidence of the principal witnesses has been recorded, Magistrate Arvind records reasons, stops the proceedings and pronounces a judgment of acquittal. In a different case, the proceedings against Arjun are stopped by Magistrate Arvind before the evidence of the principal witnesses has been recorded. Magistrate Arvind releases Arjun, and the release has the effect of discharge.

When Section 281 BNSS Does Not Apply

Section 281 BNSS speaks of a summons-case instituted otherwise than upon complaint. It does not deal with the withdrawal of a complaint by a complainant, which Section 280 BNSS covers under the heading Withdrawal of complaint.
Section 281 BNSS speaks of stopping the proceedings without pronouncing any judgment. It does not deal with an order of acquittal after the Magistrate takes the evidence referred to in Section 277 BNSS, which Section 278 BNSS covers under the heading Acquittal or conviction.

Section 281 BNSS in the CrPC (Previous Law)

Section 281 BNSS replaces Section 258 CrPC from the old criminal code.

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.

View CrPC Section 258 →

FAQs on Section 281 BNSS

Which cases may be stopped under Section 281 BNSS?▼

Under Section 281 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the power is in any summons-case instituted otherwise than upon complaint.

Who may stop the proceedings under Section 281 BNSS?▼

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.

What follows when the proceedings are stopped under Section 281 BNSS?▼

Where the stoppage is made after the evidence of the principal witnesses has been recorded, the Magistrate may pronounce a judgment of acquittal. In any other case, the Magistrate may release the accused, and such release shall have the effect of discharge.

What changed from Section 258 CrPC to Section 281 BNSS from 1 July 2024?▼

Section 281 BNSS has the same heading and the same text as Section 258 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·