Code of Criminal Procedure, 1973 · Chapter XIX: Trial of Warrant-Cases by Magistrates · B.–Cases instituted otherwise than on police report
Section 245: When accused shall be discharged
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 245
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M/s Rimjhim Ispat Limited and Others v. Union of India & Another
Matter pertains to the legality of having parallel and continuation of adjudication proceedings and criminal proceedings against the appellants.
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Sudershan Singh Wazir v. State (NCT of Delhi) & Ors.
Issue arose as regards the correctness of orders passed by the High Court staying the discharge of the accused and directing him to surrender before the trial court.
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Sardar Ravi Inder Singh & Anr. v. State of Jharkhand & Anr.
High Court whether erred in dismissing the writ petition filed by the appellants for quashing the complaint filed by the second respondent stating that the contentions raised were rejected in an earlier criminal…
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Sunita Devi v. The State of Bihar & Anr.
Need for a comprehensive sentencing policy. Trial against the accused under Protection of Children from Sexual Offences Act, 2012 was conducted by the judicial officer in utmost haste and the accused was denied due…
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Vishnu Kumar Shukla & Anr. v. The State of Uttar
Whether the order passed by the High Court refusing to discharge the accused in a criminal case and quashi ng an FIR calls for interference.
- D. Devaraja v. Owais Sabeer Hussain
- Mani Pushpak Joshi v. State of Uttarakhand & Anr.
- Vikram Johar v. The State of Uttar Pradesh & Anr.
- Sri Suresh Kumar Goyal and Others v. State of Uttar Pradesh and Another
- Asian Resurfacing of Road Agency Pvt. Ltd. & Anr.V. Central Bureau of Investigation v. Central Bureau of Investigation
- Videocon Industries Ltd. & Anr. v. State of Maharashtra & Ors.
- Jogendra Yadav & Ors. v. State of Bihar &Anr.