Vidhara

The Code of Criminal Procedure, 1973

§245When accused shall be discharged

(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.

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State amendments

This section has been amended in its application to West Bengal. The text above is the central provision and is what applies everywhere else — these amendments are law only in the State that made them.

Reproduced from the same official PDF as the section above, as the amending Act words it — not a consolidated State version of the section. Check the source before relying on it.

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Source & version

Official text: India Code (official)

Official India Code text: The Code of Criminal Procedure, 1973 (2 of 1974), English PDF (bitstream 123456789/15272/1/the_code_of_criminal_procedure,_1973.pdf, 1,879,339 bytes) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-07-16. Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser. Repealed by BNSS 2023 w.e.f. 2024-07-01. Automated parse; footnotes/amendment history excluded; illustrations restored via illustration-aware re-extraction on 2026-07-19; spot-verified; full clause-level proofread pending.

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