BNSS · Section 268 · Chapter XX — TRIAL OF WARRANT-CASES BY MAGISTRATES

When accused shall be discharged.

What this section does

After taking all prosecution evidence in a non-police-report warrant-case, if the Magistrate considers (for recorded reasons) that no case has been made out which, if unrebutted, would warrant conviction, he shall discharge the accused. The Magistrate is also empowered to discharge the accused at any earlier stage if the charge is found groundless, with reasons recorded.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors: Magistrate · Accused

Old-law correspondence

Derived from CrPC s.245.

Read the official text

For the binding statutory text of BNSS Section 268, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 268 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.