Section 239 of CrPC : Section 239: When Accused Shall Be Discharged

Explanation using Example

Imagine a scenario where a person, Raj, is accused of theft. The police conduct an investigation, file a report, and submit it to the Magistrate under Section 173 of the Code of Criminal Procedure, 1973, along with all the collected evidence. During the court proceedings, the Magistrate reviews the police report and finds that the evidence against Raj is weak and unreliable. Furthermore, the Magistrate listens to the arguments from both the prosecution and the defense. After careful consideration, the Magistrate determines that there is no substantial ground to believe that Raj committed the theft. Applying Section 239, the Magistrate then decides to discharge Raj, officially stating that the charges are baseless and documenting the reasons for this decision.