Section 245 of CrPC : Section 245: When Accused Shall Be Discharged

Explanation using Example

Imagine a scenario where John, a shopkeeper, is accused of selling stolen electronic goods. The local police file a charge against him and the case goes to trial before a Magistrate. During the trial, the prosecution presents all the evidence they have, including statements from alleged witnesses claiming they saw John selling the stolen items.

After reviewing the evidence, the Magistrate finds that the witnesses' statements are contradictory and unreliable. There is also no other evidence that directly links John to the crime. The Magistrate decides that the evidence is insufficient to show that John committed the offense. Following Section 245(1) of The Code of Criminal Procedure, 1973, the Magistrate records the reasons for the decision and discharges John, as there is no case that could lead to his conviction based on the current evidence.

In another instance, suppose the case had been ongoing for a while, and before all the evidence is presented, the Magistrate realizes that the charges against John are baseless as the items found in his shop were not actually stolen. The Magistrate can then use Section 245(2) to discharge John early in the proceedings by recording the reasons for finding the charge to be groundless.

In West Bengal, if the prosecution had not been able to present all the evidence within four years from John's first court appearance, and there were no special reasons to justify further delay, the Magistrate would have the authority under Section 245(3) to discharge John unless it was shown that continuing the trial would serve the interests of justice.