Under the provisions of the Code of Criminal Procedure 1973 normally a person cannot be discharged u...........

Code of Criminal Procedure (CrPC) 1973 Complaints to Magistrates

Under the provisions of the Code of Criminal Procedure, 1973 normally a person cannot be discharged unless the prosecution evidence has been taken and the Magistrate considers for the reasons to be recorded that no case is made out against the accused. Which of the following section contains exception to this rule?

239

245

248

203

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Explanation:

- Under the CrPC, generally, discharge happens after the prosecution’s evidence is recorded.

- Section 239 CrPC: Deals with discharge in warrant cases instituted on police report. Here, the Magistrate may discharge the accused if the charge is groundless, even before evidence is taken.

- Section 245 CrPC: Pertains to warrant cases instituted otherwise than on police report. Usually, discharge under this section occurs after some evidence for the prosecution is recorded.

- Section 248 CrPC: Deals with acquittal or conviction after trial in warrant cases. Not relevant to discharge.

- Section 203 CrPC: Related to dismissal of complaint if no sufficient ground exists for proceeding. Not about discharge after framing of charge.

Correct answer: Option 1 - Section 239 contains the exception.