Section 281 of BNSS : Section 281: Power to stop proceedings in certain cases.

Explanation using Example

Example 1:

Scenario: Ramesh is accused of trespassing on government property. The police file a summons-case against him, but it is not based on a formal complaint from any individual.

Application of Section 281:

• The Magistrate of the first class, after reviewing the evidence, finds that the evidence is insufficient to proceed further.
• The Magistrate records the reasons for this decision and decides to stop the proceedings without pronouncing any judgment.
• Since the principal witnesses have already given their testimonies, the Magistrate pronounces a judgment of acquittal.
• Ramesh is acquitted of the charges and is free to go.

Example 2:

Scenario: Priya is accused of petty theft from a local market. The case is a summons-case initiated by the police, not based on a formal complaint.

Application of Section 281:

• The Judicial Magistrate, with the previous sanction of the Chief Judicial Magistrate, reviews the case.
• During the trial, it becomes evident that the evidence against Priya is weak and unreliable.
• The Judicial Magistrate records the reasons for stopping the proceedings and decides to halt the trial without giving a final judgment.
• Since the evidence of the principal witnesses has not been fully recorded, the Magistrate orders the release of Priya.
• Priya's release is treated as a discharge, meaning she is no longer under any legal obligation related to this case.