Code: Section 281 BNSS
281.
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.
Explanation of Section 281 BNSS
Section 281 of the BNSS outlines the power of a Magistrate to stop proceedings in a summons-case, which is initiated without a formal complaint. This provision applies when the case is not proceeding in the expected manner or when the Magistrate finds it appropriate to halt the proceedings. If the proceedings are stopped after key witnesses have testified, the Magistrate may pronounce a judgment of acquittal. In cases where the proceedings are halted earlier, the Magistrate can release the accused, and this release is equivalent to a discharge.
Illustration
Example 1: Stoppage After Witness Testimony
In a summons-case for an alleged theft, after the principal witnesses testify, the Magistrate concludes that the evidence presented is insufficient to continue with the case. The Magistrate stops the proceedings and pronounces a judgment of acquittal, releasing the accused.
Example 2: Early Stoppage of Proceedings
A summons-case for a minor offence is brought before the Magistrate. After considering the circumstances and reasons presented by the defence, the Magistrate decides to stop the proceedings early and releases the accused, discharging them from further legal obligations.
Common Questions and Answers on Section 281 BNSS
1. Can a Magistrate stop the proceedings before any judgment is pronounced?
- Answer: Yes, Section 281 allows a Magistrate to stop the proceedings at any stage, without the necessity of pronouncing a judgment.
2. What happens if the Magistrate stops proceedings after the evidence of key witnesses has been recorded?
- Answer: If the proceedings are stopped after the principal witnesses’ evidence has been recorded, the Magistrate may pronounce a judgment of acquittal.
3. How does the release of the accused affect the case?
- Answer: If the proceedings are stopped early, the Magistrate may release the accused, and such release is considered as a discharge, meaning the accused is no longer held accountable for the alleged offence.
Conclusion
Section 281 of the BNSS provides an important procedural safeguard for cases initiated without a formal complaint. It allows the Magistrate to halt proceedings at any point if deemed necessary and ensures fairness by offering the possibility of acquittal or discharge based on the circumstances of the case.
