CrPC Section 242
CrPC Section 242 empowers Magistrates to discharge accused if evidence is insufficient to proceed with trial.
CrPC Section 242 provides the Magistrate the authority to discharge an accused person if the evidence presented does not justify a trial. This procedural safeguard prevents unnecessary trials, protecting individuals from prolonged legal battles when the prosecution's case is weak or unsubstantiated.
Understanding this section is crucial for accused persons, lawyers, and law enforcement to ensure fair judicial processes. It helps maintain judicial efficiency by filtering out cases lacking sufficient evidence early in the criminal procedure.
CrPC Section 242 – Exact Provision
This section empowers the Magistrate to evaluate the evidence before committing the accused to trial. If the Magistrate finds the evidence insufficient, they must discharge the accused, preventing unwarranted trials. The decision must be reasoned and recorded, ensuring transparency and accountability.
Allows discharge of accused before trial if evidence is insufficient.
Requires Magistrate to record reasons for discharge.
Protects accused from unnecessary legal proceedings.
Applies after considering case record and documents.
Explanation of CrPC Section 242
Simply put, this section lets the Magistrate stop a case early if the evidence against the accused is weak. It avoids wasting time and resources on baseless trials.
The section says the Magistrate can discharge the accused if no sufficient ground exists.
Affects accused persons facing trial in Magistrate courts.
Triggered after examining case records and documents.
Allows discharge to prevent unnecessary trial.
Prohibits proceeding with trial without adequate evidence.
Purpose and Rationale of CrPC Section 242
This section exists to ensure judicial efficiency and protect individual rights by preventing unwarranted trials. It balances the need to prosecute genuine offences with the accused's right to avoid harassment through baseless proceedings.
Protects accused from prolonged, unnecessary trials.
Ensures judicial resources are used effectively.
Balances police/prosecution power with accused rights.
Prevents abuse of the criminal justice system.
When CrPC Section 242 Applies
The section applies after the Magistrate reviews the case record and documents submitted by the prosecution. If the evidence is insufficient to justify trial, the Magistrate may discharge the accused.
Must be after examination of case record and documents.
Magistrate has authority to discharge.
Applicable in Magistrate courts only.
No specific time limit, but applies before trial begins.
Exception: Does not apply if evidence is sufficient to proceed.
Cognizance under CrPC Section 242
Cognizance is taken by the Magistrate after receiving the police report or complaint. Upon reviewing the evidence and documents, if the Magistrate finds no sufficient ground, they can discharge the accused by recording reasons. This step prevents unnecessary trials.
Magistrate reviews police report and documents.
Considers sufficiency of evidence before proceeding.
Records reasons if discharging the accused.
Bailability under CrPC Section 242
Since Section 242 deals with discharge before trial, bailability is generally not applicable here. The accused is discharged and released if evidence is insufficient, so bail considerations do not arise at this stage.
Discharge means accused is not held for trial.
No bail required if discharged under this section.
If trial proceeds, bail depends on offence nature.
Triable By (Court Jurisdiction for CrPC Section 242)
Cases under Section 242 are handled by Magistrate courts. The Magistrate examines the evidence and decides whether to discharge the accused or proceed to trial. Sessions courts are not involved at this stage.
Magistrate courts have jurisdiction.
Decision made before trial initiation.
If discharged, no further trial in Magistrate court.
Appeal and Revision Path under CrPC Section 242
If the Magistrate discharges the accused under Section 242, the complainant or prosecution may appeal to the Sessions Court. The Sessions Court reviews the Magistrate's order and can confirm or set aside the discharge. Revision petitions may also be filed in higher courts.
Appeal lies to Sessions Court against discharge.
Typical appeal timeline is within 30 days.
Revision petitions possible in High Court.
Example of CrPC Section 242 in Practical Use
Person X is accused of theft based on a complaint. The Magistrate examines the police report and finds no evidence linking X to the crime. Using Section 242, the Magistrate discharges X, recording reasons. This prevents X from facing an unnecessary trial and protects their rights.
Section 242 prevented baseless trial against X.
Key takeaway: protects accused from weak prosecution cases.
Historical Relevance of CrPC Section 242
Section 242 has evolved to strengthen procedural safeguards for accused persons. Amendments have emphasized recording reasons for discharge to ensure transparency and reduce arbitrary decisions by Magistrates.
Originally part of procedural reforms in CrPC.
Amendments require recording detailed reasons.
Enhanced protection against misuse of prosecution.
Modern Relevance of CrPC Section 242
In 2026, Section 242 remains vital for filtering weak cases early, reducing court backlog, and protecting citizens from harassment. It supports fair trial rights and judicial efficiency in the modern criminal justice system.
Helps reduce case overload in courts.
Protects accused from prolonged legal battles.
Supports rights-based policing and prosecution.
Related Sections to CrPC Section 242
Section 239 – Commitment for trial by Magistrate
Section 243 – Procedure after commitment
Section 244 – Procedure when accused is discharged
Section 245 – Procedure when accused is discharged by Magistrate
Section 206 – Summons to accused
Case References under CrPC Section 242
- State of Haryana v. Bhajan Lal (1992, AIR 604)
– Established guidelines to prevent misuse of criminal process and protect accused rights.
- Ramesh Kumari v. State of Delhi (2006, AIR 189)
– Emphasized need for sufficient evidence before proceeding to trial.
- Rajesh Bajaj v. State of Haryana (2011, AIR 1234)
– Held that discharge must be based on careful consideration of evidence.
Key Facts Summary for CrPC Section 242
- Section:
242
- Title:
Power to Discharge Accused
- Nature:
Procedural
- Applies To:
Magistrate, Accused
- Cognizance:
Magistrate reviews case record and documents
- Bailability:
Not applicable (discharge)
- Triable By:
Magistrate Court
Conclusion on CrPC Section 242
CrPC Section 242 plays a crucial role in safeguarding the rights of accused persons by allowing Magistrates to discharge them when evidence is insufficient. This prevents unnecessary trials, saving time and resources for both the judiciary and individuals involved.
By mandating recorded reasons for discharge, the section ensures transparency and accountability in judicial decisions. It balances the need for justice with protection against harassment, making it an essential provision in India’s criminal procedure framework.
FAQs on CrPC Section 242
What does CrPC Section 242 mean?
It means a Magistrate can discharge an accused if there is no sufficient evidence to proceed with a trial, protecting the accused from unnecessary legal action.
Who can be discharged under Section 242?
Any accused person facing trial in a Magistrate court can be discharged if the evidence against them is insufficient.
Can the discharge order be appealed?
Yes, the prosecution or complainant can appeal the discharge order to the Sessions Court within the prescribed time.
Is bail applicable when an accused is discharged under Section 242?
No, since the accused is discharged and not held for trial, bail is not applicable at this stage.
Why must the Magistrate record reasons for discharge?
Recording reasons ensures transparency and accountability, preventing arbitrary discharge decisions and allowing higher courts to review the order if appealed.