Code
If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.
Explain it
- This section allows the Magistrate to release the accused at an early stage of the proceedings if there is insufficient evidence to support the charges.
- The Magistrate has the power to examine the evidence presented by the prosecution and decide if it is sufficient to proceed with the trial.
- If the Magistrate finds the evidence insufficient, he can discharge the accused without further investigation or trial.
Illustrate it
Suppose a person is accused of theft. The police investigate the case and submit a report to the Magistrate. However, the evidence presented in the report is weak and insufficient to prove the accused’s guilt. The Magistrate, after carefully examining the report, decides that there is not sufficient ground for proceeding against the accused. In this case, the Magistrate will discharge the accused under Section 169 of CrPC.
Common Questions and Answers
Q1: What are the grounds for discharging an accused under Section 169?
A1: The grounds for discharging an accused under Section 169 are:
- Insufficient evidence to support the charges.
- Lack of reasonable suspicion against the accused.
- The accused is not likely to be convicted.
Q2: Can the prosecution appeal against the Magistrate’s order of discharge under Section 169?
A2: Yes, the prosecution can appeal against the Magistrate’s order of discharge under Section 169. However, the appeal must be filed within the stipulated time limit.
Q3: What happens if the Magistrate discharges the accused under Section 169?
A3: If the Magistrate discharges the accused under Section 169, the accused is released from the charges and the case is closed.
