Section 281 BNSS: Power to stop proceedings in certain cases (Formerly Section 258 CrPC)

Section 281 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to stop proceedings in certain cases

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 281

Section 281 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 258 of the CrPC, 1973) grants Magistrates of the first class exceptional authority to stop proceedings in summons cases instituted otherwise than upon a complaint at any stage without pronouncing judgment.

Applicability to Non-Complaint Summons Cases: Restricted strictly to summons cases instituted otherwise than upon a private complaint (i.e., state cases/police reports).
Prior Sanction of CJM: Any other Judicial Magistrate requires previous sanction of the Chief Judicial Magistrate to exercise this stoppage power.
Effect of Stoppage: If stopped after the evidence of the principal witnesses has been recorded, the stoppage operates as an acquittal; if stopped before recording such evidence, it operates as a discharge.

Key Landmark Precedents:

John Thomas v. K. Viswanathan, (2001) 6 SCC 327: The Supreme Court authoritatively held that Section 258 CrPC (Section 281 BNSS) cannot be invoked in cases instituted upon private complaints, such as Section 138 NI Act or private defamation.
Everett Orient Line Inc. v. Jasjit Singh, 1993 SCC (Cri) 255: Confirmed that the power to stop proceedings is an extraordinary reserve power to be exercised where continuation of proceedings would be an abuse of court process.

Courtroom Practice & Strategic Litigation Guidance:

Use Section 281 strategically in state-prosecuted petty or technical regulatory matters when key prosecution witnesses are untraceable and continued pendency produces systemic harassment.