Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 281
Code: Section 281 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section empowers a Magistrate to stop proceedings in a summons case instituted otherwise than upon complaint. This means the case is initiated by the court, not by a private individual filing a complaint.
Here’s a breakdown of the section:
- Magistrate’s Power: A First Class Magistrate or any other Judicial Magistrate (with the Chief Judicial Magistrate’s permission) can stop the proceedings.
- Reason for Stopping: The Magistrate must record the reasons for stopping the proceedings.
- Stage of Proceedings: The Magistrate can stop the proceedings at any stage.
- Judgment of Acquittal: If the proceedings are stopped after recording the evidence of the principal witnesses, the Magistrate can pronounce a judgment of acquittal.
- Release of Accused: In other cases, the Magistrate can release the accused, which effectively discharges them.
Illustration:
Suppose a First Class Magistrate initiates a summons case against a person for alleged violation of traffic rules. During the trial, the Magistrate finds that the evidence presented is insufficient to establish guilt beyond a reasonable doubt. The Magistrate, after recording their reasons, can stop the proceedings and release the accused.
Common Questions and Answers:
Q: What is a summons case?
A summons case is a legal proceeding initiated by the court directly, without a complaint filed by a private person.
Q: When can the Magistrate stop the proceedings?
The Magistrate can stop the proceedings at any stage, even before or after recording evidence.
Q: What happens when the proceedings are stopped?
If the proceedings are stopped after recording the evidence of the principal witnesses, the Magistrate can pronounce a judgment of acquittal. In other cases, the accused is released.
