Section 281 BNSS: Power to Stop Proceedings in Certain Cases

Section 281 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) gives a Magistrate a limited power to stop proceedings in a summons-case that was instituted otherwise than upon a complaint. The provision also specifies the consequence of stopping the case, which depends on the stage at which the proceedings are stopped.

Updated: 11 September 2026

Section 281 - Power to stop proceedings in certain cases 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. Where the proceedings are stopped after the evidence of the principal witnesses has been recorded, the Magistrate may pronounce a judgment of acquittal. In any other case, the accused may be released, and the release has the effect of discharge.

Meaning and Scope of Section 281 BNSS

The section applies only to a summons-case instituted otherwise than upon complaint. In practical terms, it is directed at summons-cases that come before the Magistrate through a route other than a private complaint, such as on a police report where the applicable offence and procedure make the matter a summons-case.

The power is not an unrestricted power to terminate any criminal case. The Magistrate must fall within the class of Magistrates authorised by the section, must record reasons, and must consider the procedural stage reached in the case.

Who Can Exercise the Power?

Magistrate of the first class: may exercise the power under Section 281 directly, subject to the statutory conditions.
Any other Judicial Magistrate: may exercise the power only with the previous sanction of the Chief Judicial Magistrate.
Reasons must be recorded: the order stopping proceedings should disclose the reasons for exercising the statutory power.

Conditions for Stopping Proceedings

For Section 281 to apply, the following features are important:

The case must be a summons-case.
The case must have been instituted otherwise than upon complaint.
The competent Magistrate may act at any stage of the proceedings.
The Magistrate must record reasons for stopping the proceedings.
The legal consequence depends on whether the evidence of the principal witnesses has already been recorded.

Acquittal or Discharge: What Is the Result?

Stage when proceedings are stopped	Consequence under Section 281
After evidence of the principal witnesses has been recorded	The Magistrate may pronounce a judgment of acquittal.
In any other case	The accused is released, and the release has the effect of discharge.

Important: An acquittal and a discharge are not the same procedural result. Section 281 itself makes the distinction by linking the possible acquittal to cases where the evidence of the principal witnesses has already been recorded, while an earlier stoppage ordinarily results in release having the effect of discharge.

Why Reasons Must Be Recorded

The words requiring reasons to be recorded are an express safeguard in Section 281. They require the Magistrate to identify why continuation of the particular proceedings should be stopped. A reasoned order also makes the basis of the decision available for scrutiny in accordance with law.

Section 281 and the BNSS Framework

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and replaced the Code of Criminal Procedure, 1973 for matters governed by the new law. The relevant provisions of the BNSS came into force on 1 July 2024 pursuant to Central Government Notification S.O. 848(E) dated 23 February 2024.

Section 281 appears in the part of the BNSS dealing with the trial of summons-cases by Magistrates. It should therefore be read with the surrounding summons-case procedure and with any applicable transitional provisions when the underlying proceeding commenced before the BNSS came into force.

Practical Points

First identify whether the matter is legally a summons-case.
Confirm that the case was instituted otherwise than upon complaint.
Check whether the Magistrate has authority under Section 281 or requires prior sanction of the Chief Judicial Magistrate.
Identify whether the principal witnesses have already been examined, because this affects whether the result may be acquittal or discharge.
The order should expressly record reasons for stopping the proceedings.

Frequently Asked Questions

Can Section 281 BNSS be used in a complaint case?

No. The text of Section 281 is confined to a summons-case instituted otherwise than upon complaint.

Can proceedings be stopped before all evidence is recorded?

Yes. The provision permits proceedings to be stopped at any stage, but the consequence depends on the stage. If the evidence of the principal witnesses has not been recorded, release of the accused has the effect of discharge.

Is a Magistrate required to give reasons?

Yes. Section 281 expressly requires the reasons for stopping the proceedings to be recorded.

When did the BNSS come into force?

The relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 under Notification S.O. 848(E) dated 23 February 2024.

Official sources