CrPC Section 261
Section 261 CrPC: Discharge of Accused after Examination of the Prosecution Witnesses
What does Section 261 say?
Section 261 provides that the accused can be discharged by the Magistrate at any stage of the trial if the evidence presented by the prosecution is insufficient to justify a conviction.
Exact Text (Paraphrased):
After the prosecution has presented its evidence (either partially or fully), if the Magistrate feels that there is no sufficient ground for proceeding against the accused, he/she shall discharge the accused.
The discharge can be made at any stage of the trial, even after the evidence has begun.
Purpose:
To avoid unnecessary trial proceedings against an accused when the prosecution’s evidence is clearly insufficient to prove the case.
It prevents waste of judicial time and harassment of accused by continued trial when there is no evidence to support the charges.
Key Points:
When can the discharge happen?
At any stage of the trial after prosecution evidence has started.
Even after some prosecution witnesses have been examined.
Who can discharge?
The Magistrate or the Judge conducting the trial.
Basis for discharge:
The evidence presented so far does not reasonably support the charge against the accused.
The Magistrate must be satisfied that the evidence is insufficient to justify conviction.
Effect of discharge:
The accused is released from the charges related to the trial.
Discharge means the trial against the accused ends without conviction or acquittal at this stage.
Discharge is different from acquittal:
Discharge means the case is closed due to lack of evidence but the accused is not declared “not guilty” on merits.
Acquittal happens after full trial and defense evidence.
When is Section 261 typically applied?
When the prosecution’s case is weak or defective.
After examination of witnesses, if the evidence does not establish a prima facie case.
To avoid unnecessary trial and expense.
Practical Example:
Prosecution presents two witnesses.
Both witnesses fail to provide credible evidence supporting the charge.
Magistrate finds no reasonable grounds to continue the trial.
Magistrate discharges the accused under Section 261 to save time and avoid undue harassment.
Relation to other sections:
Section 258 CrPC: At the end of prosecution evidence, if the Magistrate finds no case, he can discharge the accused — similar in spirit to Section 261.
Section 263 CrPC: After discharge, the prosecution can appeal to a higher court.
Section 262 CrPC: Trial ends with acquittal after full defense evidence.
Summary Table:
| Feature | Explanation |
|---|---|
| Stage of application | After prosecution evidence starts |
| Who decides? | Magistrate or Judge conducting trial |
| Reason for discharge | Evidence insufficient to justify conviction |
| Effect | Case against accused is dropped temporarily or permanently without acquittal |
| Difference from acquittal | No declaration of innocence, only no evidence to proceed |
| Appeal | Prosecution can appeal against discharge |
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