Acquit at any stage? 249-A and 265-K CrPC.

The law.

Section 249-A, CrPC.

“Nothing in this Chapter shall be deemed to prevent a Magistrate from acquitting an accused at any stage of the case if after hearing the prosecutor and the accused and for reasons to be recorded, he considers that the charge is groundless or that there is no probability of the accused being convicted of any offence.”

Code of Criminal Procedure, 1898 · Section 249-A, Power of Magistrate to acquit accused at any stage

Two sections.

2022 SCMR 1861, Supreme Court.

• 249-A, MagistrateCharge groundless, or no probability of conviction.
• 265-K, CourtNo probability of conviction.
• BothHear the prosecutor and the accused. Record reasons.

Any stage.

Reported headnotes, Supreme Court.

• 1993 SCMR 523Recording evidence is not a condition precedent.
• PLD 2024 SC 1152Before or after the charge, or after some evidence.

Quick quiz. Second try.

Guess first, then swipe for the answer.

• A. No, the refusal binds
• B. Yes, it can act later
• C. Only in revision

Answer: B. PLD 2024 SC 273.

Supreme Court.

• The ruleA refusal does not stop the court using the power later.
• WhenAfter some evidence is recorded or new material surfaces.

The test.

2022 SCMR 1861, Supreme Court.

• No probabilityNo evidence on record, not even a remote chance of conviction.
• Slight chance?Then record the evidence and decide on the merits.

When it fits.

PLD 2024 SC 273, Supreme Court.

• JurisdictionNo charge could be framed for lack of it.
• MaterialNot enough to make out an offence.
• AbuseA groundless charge and a trial that abuses the process.

Not for a wrong section.

2021 PCrLJ 545, Sindh High Court.

• The factsAcquitted mid-trial because ss.420 and 406 have different ingredients.
• The holdingA wrong section in the FIR or challan is no ground for 249-A.
• The resultRemanded to finish the trial.

An affidavit is not enough.

2018 PCrLJ 549, Sindh High Court.

• The factsThe complainant's affidavit backed release under 249-A.
• The holdingOf no avail when he had supported his case on oath.

Drafting a 265-K?

Ask FAI. It answers with the exact section and the judgments behind it.

• Draft grounds for a section 265-K CrPC application where the only evidence is an unproved recovery.
• Difference between section 249-A and 265-K CrPC, with Supreme Court cases.

Example questions

Sources

• Code of Criminal Procedure, 1898 · Section 249-A
  Power of Magistrate to acquit accused at any stage Pakistan Code