Section 258 CrPC - Power to Stop Proceedings in Certain Cases
Section 258 of the Code of Criminal Procedure, 1973 permitted specified Magistrates to stop proceedings in certain summons cases instituted otherwise than upon complaint. The corresponding current provision is Section 281 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Text of Section 258 CrPC
In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.
Section 281 BNSS - Corresponding Provision
Section 281 BNSS is titled "Power to stop proceedings in certain cases". It retains the essential statutory conditions and consequences of Section 258 CrPC: a qualified Magistrate may stop a summons-case instituted otherwise than upon complaint, must record reasons, and must distinguish between acquittal after the principal witnesses' evidence and release having the effect of discharge at an earlier stage.
Read the current legislation on the official India Code BNSS page, or consult the BNSS text hosted by the Bureau of Police Research and Development.
Meaning and Essential Conditions
- Summons-case: A criminal case relating to an offence that is not a warrant-case. Under the CrPC, a warrant-case concerns an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years; the BNSS retains this broad classification.
- Instituted otherwise than upon complaint: The provision is limited to summons cases not instituted on a private complaint, commonly cases arising from a police report. It does not ordinarily apply to a summons case instituted upon a complaint.
- Competent Magistrate: A Judicial Magistrate of the first class may exercise the power; another Judicial Magistrate requires the previous sanction of the Chief Judicial Magistrate.
- Recorded reasons: Stoppage is discretionary, not automatic. The Magistrate must record reasons for the decision.
- Stage of proceedings: The statute allows stoppage at any stage, but the legal result depends on whether evidence of the principal witnesses has been recorded.
Acquittal or Discharge - What Is the Difference?
| Stage when proceedings stop | Statutory consequence |
|---|---|
| After evidence of the principal witnesses has been recorded | The Magistrate pronounces a judgment of acquittal. |
| At another stage, before that evidentiary threshold | The accused is released; the release has the effect of discharge. |
An acquittal is a judgment finding that the accused is not to be convicted in the proceeding. A discharge ends the accused's involvement at that stage without being a judgment of acquittal. Their implications for subsequent proceedings are different and must be assessed under the applicable law.
How a Magistrate May Stop Proceedings
- Identify that the case is a summons-case instituted otherwise than upon complaint.
- Verify the Magistrate's authority and, where required, previous sanction of the Chief Judicial Magistrate.
- Consider the record, procedural stage and reasons justifying stoppage; afford a fair opportunity to affected parties as required by law.
- Record the reasons for stopping the proceedings.
- Apply the correct statutory consequence: judgment of acquittal after recording evidence of the principal witnesses, or release with the effect of discharge in other cases.
The provision is not a general power to dismiss every criminal case. It is also distinct from withdrawal of a complaint under Section 257 CrPC and non-appearance of the complainant under Section 256 CrPC, which concern complaint cases and have their own conditions.
Does Section 258 CrPC Still Apply After 1 July 2024?
The CrPC was repealed by the BNSS, subject to the savings provision in Section 531 BNSS. Under Section 531(2)(a), an appeal, application, trial, inquiry or investigation pending immediately before commencement is generally continued or disposed of under the CrPC as if the BNSS had not come into force. The applicable provision therefore depends on the procedural history and any relevant judicial interpretation or special law.
Frequently Asked Questions
Can Section 258 CrPC be used in a private complaint case?
Ordinarily no. Its express scope is a summons-case instituted otherwise than upon complaint. Complaint cases are governed by other applicable procedural provisions.
Is stoppage of proceedings the same as acquittal?
No. Acquittal follows when the principal witnesses' evidence has been recorded; otherwise the release has the effect of discharge.
Is the Magistrate required to stop proceedings on request?
No. The power is discretionary and reasons must be recorded. The relevant facts and procedural requirements govern its exercise.
What is the BNSS equivalent of Section 258 CrPC?
Section 281 BNSS, titled "Power to stop proceedings in certain cases".
Official Legal References
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
- BPR&D - BNSS text and CrPC comparison
- BPR&D - New criminal laws resources
This article is for general legal information. The correct procedural law and available remedies depend on the facts, filing date and applicable judicial orders.