Section 245 CrPC: When the Accused Shall Be Discharged
Section 245 of the Code of Criminal Procedure, 1973 deals with discharge of an accused in a warrant-case instituted otherwise than on a police report. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 268.
Section 245 CrPC - Statutory text
245. When 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.
Meaning and scope of Section 245 CrPC
A discharge is an order ending the criminal proceeding against the accused at the pre-charge stage in the particular case, because the statutory threshold for proceeding further has not been met. It is different from an acquittal following a trial.
Section 245 applies to warrant-cases instituted otherwise than on a police report, such as qualifying complaint cases. A warrant-case is a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years (see the statutory definition under the applicable Code).
Discharge after prosecution evidence - Section 245(1)
After evidence under Section 244 CrPC is taken, the Magistrate must consider whether that evidence, if left unrebutted, could warrant conviction. If not, discharge is mandatory, and the Magistrate must record reasons.
Early discharge - Section 245(2)
The Magistrate may discharge the accused at an earlier stage when the charge is groundless, provided reasons are recorded. This is a distinct route from discharge after the full pre-charge prosecution evidence stage.
Section 268 BNSS - Corresponding current provision
Section 268 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the same two-part framework. It refers to prosecution evidence under Section 267 BNSS (corresponding to Section 244 CrPC).
268. When accused shall be discharged
(1) If, upon taking all the evidence referred to in section 267, 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.
How the discharge stage works
- Appearance: The accused appears or is brought before the Magistrate in a warrant-case instituted otherwise than on a police report.
- Prosecution evidence: The Magistrate hears the prosecution and takes evidence under Section 244 CrPC or Section 267 BNSS, as applicable.
- Assessment: The Magistrate assesses whether the unrebutted evidence could warrant conviction; early discharge may also be considered where the charge is groundless.
- Reasoned order: The Magistrate records reasons for discharge if the statutory test is satisfied.
- If not discharged: The matter proceeds under Section 246 CrPC or Section 269 BNSS, as applicable.
Discharge under Sections 239 and 245 CrPC
| Feature | Section 239 CrPC | Section 245 CrPC |
|---|---|---|
| Type of case | Warrant-case instituted on a police report | Warrant-case instituted otherwise than on a police report |
| Principal material | Police report and accompanying documents, with examination and hearing as specified | Evidence under Section 244, or earlier discharge if the charge is groundless |
| Corresponding BNSS provision | Section 262 | Section 268 |
West Bengal State Amendment to Section 245 CrPC
The original page records a West Bengal amendment introduced by West Bengal Act 24 of 1988, Section 5, inserting sub-section (3) into Section 245 CrPC:
(3) If all the evidence referred to in section 244 are not produced in support of the prosecution within four years from the date of appearance of the accused, the Magistrate shall discharge the accused unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall not be in the interest of justice to discharge the accused.
Application note: This is a State amendment to the former CrPC, not part of the central text of Section 268 BNSS. Its applicability to any particular pending proceeding, and the effect of subsequent legislation or savings, should be checked against the current West Bengal law and judicial decisions. The four-year rule should not be treated as a nationwide BNSS deadline.
Official statutory sources
- India Code - Central Acts and amendments (search for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023).
- Bureau of Police Research and Development - BNSS reference PDF.
- e-Gazette of India - official notifications.
Frequently asked questions
What is Section 245 CrPC?
It provides for discharge in a warrant-case instituted otherwise than on a police report, either after prosecution evidence fails to disclose a case warranting conviction if unrebutted, or at an earlier stage when the charge is groundless.
Which BNSS section corresponds to Section 245 CrPC?
Section 268 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 245 CrPC.
Can an accused be discharged before prosecution evidence is complete?
Yes. Section 245(2) CrPC and Section 268(2) BNSS permit discharge at an earlier stage if the Magistrate finds the charge groundless and records reasons.
Does Section 245 apply to police-report cases?
No. It concerns warrant-cases instituted otherwise than on a police report. Discharge in police-report warrant cases is governed by Section 239 CrPC or Section 262 BNSS, as applicable.
Information is provided for general legal reference. Procedural applicability and State amendments depend on the facts, dates and governing law.