CrPC Section 217
Section 217 CrPC: Discharge of Accused Before Examination of Witnesses
What does Section 217 say?
This section gives the Magistrate the power to discharge the accused before the prosecution has examined any witnesses if the Magistrate is of the opinion that there is no sufficient ground for proceeding against the accused.
Exact Meaning:
When a complaint or charge is made and the case comes before the Magistrate for trial,
If the Magistrate finds that the complaint or charge is frivolous, vexatious, or there is no sufficient evidence to justify the trial,
The Magistrate can discharge the accused before calling for or examining any prosecution witness.
Purpose:
To prevent unnecessary and baseless trials,
To save judicial time and avoid harassment of accused persons when there is no prima facie case.
Key Points:
When does it apply?
At the very beginning of the trial,
Before any prosecution witnesses are examined.
Who can discharge?
The Magistrate conducting the trial.
Grounds for discharge:
The charge or complaint does not disclose an offense,
The evidence on record does not justify a trial,
The complaint is frivolous or vexatious.
Effect of discharge:
The accused is freed from the charges at this early stage,
No trial or further proceedings take place.
Practical Example:
A complaint alleges theft,
The Magistrate reviews the complaint and finds that it lacks any credible material to support the charge,
Without calling any witnesses, the Magistrate discharges the accused under Section 217.
Relation with Other Sections:
Section 204 CrPC: Summons or warrant issued by Magistrate after complaint,
Section 258 CrPC: Discharge after prosecution evidence has been partly or fully recorded,
Section 261 CrPC: Discharge after examination of prosecution witnesses.
Summary Table:
| Feature | Explanation |
|---|---|
| Stage of application | Before examination of any prosecution witness |
| Who decides? | Magistrate conducting the trial |
| Grounds for discharge | No sufficient ground to proceed, frivolous complaint |
| Effect | Accused is discharged, no trial proceeds |
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