245
245
When accused shall be discharged
Code of Criminal Procedure, 1973
Chapter XIX Trial of Warrant-Cases by Magistrates
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsProcedureTrialDischargeAccused
🗣️ Simple Explanation
What does this law say?
Section 245 of the CrPC explains when an accused person can be discharged. If the Magistrate thinks there isn't enough evidence to convict, they must discharge the accused. The Magistrate must record the reasons.
Why does this law exist?
This law protects innocent people. It prevents them from being wrongly convicted. It ensures that only those with enough evidence are tried.
Real-life impact
If the Magistrate believes there isn't enough evidence against you, you will be discharged. This means the case against you ends. You are free.
What happens if you break this law?
This section doesn't define a crime. It outlines the procedure for discharging an accused person. The consequences depend on the crime you were accused of.
💡 Real Life Example
Rahul is accused of theft. The Magistrate, after hearing the evidence, finds no case. Under Section 245, Rahul is discharged. The case ends. Priya is accused of a minor offense. The Magistrate believes the charge is groundless. Priya is discharged. The case is dismissed.
🛡️ KNOW YOUR RIGHTS
- •Have the prosecution present evidence.
- •Have the Magistrate review the evidence.
- •Be discharged if there is not enough evidence.
- •Seek legal counsel throughout the process.
❓ FREQUENTLY ASKED QUESTIONS
An accused can be discharged if the Magistrate believes there isn't enough evidence to convict. The Magistrate must record the reasons for the discharge. This protects innocent people from being wrongly convicted. The case ends.
After discharge, the case against the accused ends. The accused is free. They are no longer subject to the legal proceedings. The discharge means the Magistrate found insufficient evidence.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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