सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 281

Power to stop proceedings in certain cases

Why this exists

Courts handle huge numbers of small cases, and some drag on for years with weak or stalled evidence. This provision, carried over from the old Criminal Procedure Code, gives magistrates a housekeeping tool to close weak or stagnant minor cases early instead of forcing a full trial to its end, while still protecting the accused's right to either an acquittal or a discharge depending on how far the case had progressed.

Common misconceptions
  • Myth: Stopping a case always means the accused is proven innocent.
    Fact: Only when the main witnesses had already testified before the stoppage does it count as an acquittal; otherwise it is a discharge, which is not the same as a finding of innocence.