CrPC Section 265
CrPC Section 265 – Committal proceedings when evidence is insufficient
Section 265 deals with the committal of cases to a Sessions Court when the Magistrate considers that the evidence is not sufficient to put the accused on trial before the Sessions Court.
What does Section 265 say?
When a Magistrate, after considering the evidence under Section 243 (which relates to recording evidence for committal), thinks that the evidence does not justify committing the accused for trial, the Magistrate may discharge the accused or may try him himself if competent.
In other words, the Magistrate can decide not to commit the accused to Sessions if the evidence is weak, and may discharge the accused or try the case themselves if it falls under their jurisdiction.
Context:
Applies in warrant cases triable by Sessions Court.
The Magistrate records evidence for committal under Section 243.
If the evidence is inadequate, the Magistrate can refuse to commit the accused to Sessions under Section 265.
Summary:
| Step | Description |
|---|---|
| Section 243 | Magistrate records evidence for committal |
| Section 265 | Magistrate evaluates evidence after Section 243 |
| If evidence insufficient | Magistrate may discharge or try accused |
| If sufficient | Magistrate commits accused to Sessions for trial |
Example:
If the prosecution evidence before the Magistrate is very weak, the Magistrate need not send the accused to the Sessions Court for trial and can discharge him or try the case if it is within their power.
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