Section 258 CrPC: Power to stop proceedings in certain cases

Code of Criminal Procedure, 1973

Section 258 CrPC at a Glance

Section 258 CrPC deals with power to stop proceedings in certain cases. From 1 July 2024 it is replaced by Section 281 BNSS.

Now BNSS

Section 281 →

What Section 258 CrPC Says

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.

Source: Section 258, Code of Criminal Procedure, 1973

Section 258 CrPC in Simple Words

Section 258 of the Code of Criminal Procedure, 1973 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 258 CrPC 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 258 CrPC

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

When Section 258 CrPC Does Not Apply

Section 258 CrPC 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 257 CrPC covers under the heading Withdrawal of complaint.
Section 258 CrPC 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 254 CrPC, which Section 255 CrPC covers under the heading Acquittal or conviction.

Section 258 CrPC Under BNSS 281: What Changed

Section 258 CrPC is now covered under Section 281 BNSS.

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 detailed comparison (CrPC 258 vs BNSS 281) →

FAQs on Section 258 CrPC

Which cases may be stopped under Section 258 CrPC?▼

Under Section 258 of the Code of Criminal Procedure, 1973, the power is in any summons-case instituted otherwise than upon complaint.

Who may stop the proceedings under Section 258 CrPC?▼

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 258 CrPC?▼

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.

Where is Section 258 CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 258 CrPC has no sub-sections, and maps as a whole to Section 281 BNSS. Both carry the heading Power to stop proceedings in certain cases.

Have questions about Section 258 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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 ·