Section 245 CrPC: When accused shall be discharged

Code of Criminal Procedure, 1973

Section 245 CrPC at a Glance

Section 245 CrPC deals with when accused shall be discharged. From 1 July 2024 it is replaced by Section 268 BNSS.

Now BNSS

Section 268 →

What Section 245 CrPC Says

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.

Source: Section 245, Code of Criminal Procedure, 1973

Section 245 CrPC in Simple Words

Section 245 of the Code of Criminal Procedure, 1973 is headed When accused shall be discharged.

If, upon taking all the evidence referred to in Section 244 CrPC, 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 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, he considers the charge to be groundless.

When Section 245 CrPC Applies

  • 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.

Example of Section 245 CrPC

Vikram is tried before a Magistrate. Upon taking all the evidence referred to in Section 244 CrPC, the Magistrate considers, for reasons to be recorded, that no case against Vikram has been made out which, if unrebutted, would warrant conviction. The Magistrate shall discharge Vikram.

When Section 245 CrPC Does Not Apply

  • Section 245 CrPC speaks of discharge by a Magistrate. It does not deal with discharge by the Judge, which is the subject of Section 227 CrPC.
  • Section 245 CrPC 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 246 CrPC.

Section 245 CrPC Under BNSS 268: What Changed

Section 245 CrPC is now covered under Section 268 BNSS.

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.

View detailed comparison (CrPC 245 vs BNSS 268) →

FAQs on Section 245 CrPC

When shall the Magistrate discharge the accused under Section 245(1) CrPC?▼

If, upon taking all the evidence referred to in Section 244 CrPC, 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 245 CrPC?▼

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.

Must the Magistrate record reasons under Section 245 CrPC?▼

Yes. Section 245(1) CrPC and Section 245(2) CrPC both speak of reasons to be recorded.

Where is Section 245 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 245(1) CrPC is found in Section 268(1) BNSS and Section 245(2) CrPC in Section 268(2) BNSS, from 1 July 2024.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·