CrPC Section 247
📜 Section 247 CrPC: Procedure when accused is discharged and fresh evidence is discovered
Text of Section 247 CrPC (Paraphrased):
If a magistrate discharges an accused (meaning the magistrate finds insufficient evidence to proceed against the accused and lets them go free at the preliminary stage) and later discovers new evidence which could prove the accused’s guilt, the magistrate may proceed as if the accused had not been discharged and try the accused on the basis of the new evidence.
🧠 Meaning and Purpose:
During a trial before a magistrate, if the evidence initially seems insufficient to put the accused on trial, the magistrate may discharge the accused under Section 247.
But if, after discharge, some new and relevant evidence comes to light that could justify a trial, this section allows the magistrate to reopen the case and proceed as if the accused was never discharged.
This helps prevent accused persons from escaping prosecution just because the evidence was weak at first but later became stronger.
⚖️ Key Points:
Discharge of accused:
Happens usually when the magistrate, after preliminary examination of evidence, believes there isn’t enough proof to try the accused.
Discovery of fresh evidence:
New evidence must be credible, relevant, and material enough to justify proceeding with the trial.
The evidence should not have been available or known at the time of discharge.
Magistrate’s power:
The magistrate may proceed as if the accused had never been discharged, i.e., start the trial anew based on the new evidence.
Purpose:
To ensure justice is served by not permanently letting an accused escape trial because of initially insufficient evidence.
🧾 Illustration:
Suppose during a preliminary hearing, the magistrate finds the evidence against the accused weak and discharges them.
Later, a witness comes forward with new evidence that directly implicates the accused.
Under Section 247, the magistrate can re-open the case and put the accused on trial based on the fresh evidence.
🔍 Relation to other sections:
Section 244 CrPC: Deals with the discharge of accused after considering the evidence.
Section 247 complements this by allowing for trial initiation if new evidence appears later.
🧑⚖️ Summary:
Section 247 CrPC provides a second chance to prosecute when fresh evidence emerges after an accused has been discharged.
It protects the interests of justice by ensuring that technical or premature discharge does not prevent trial if new facts come to light.
It balances the right of the accused with the state’s interest in prosecuting genuine crimes.
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