CrPC Section 252
Section 252 CrPC – Power of Magistrate to discharge the accused after recording evidence
🔹 Text of Section 252:
252. Power of Magistrate to discharge accused.
Where, on the evidence produced before the Magistrate under section 242 or under section 244, it appears to him—
(a) that there is no sufficient ground for proceeding against the accused, or
(b) that there is no case to answer, or
(c) that there is no prima facie case against the accused,he shall discharge the accused and record his reasons for so doing.
🔎 Explanation and Key Points:
After the prosecution has presented evidence (under Sections 242 or 244 CrPC), the Magistrate examines the evidence.
If the Magistrate finds that:
There is no sufficient ground to continue,
Or there is no case to answer,
Or there is no prima facie case against the accused,
The discharge means the accused is not required to enter their defence because the prosecution has failed to establish a minimal case.
The Magistrate must record the reasons for discharging the accused—this is important for accountability and future references.
✅ Practical effect:
Protects accused from unnecessary trial if prosecution evidence is weak or insufficient.
Acts as a filter stage to weed out baseless cases early in the trial process.
Ensures fair use of judicial time and resources.
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