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

> Under s.249-A CrPC a Magistrate may acquit at any stage if the charge is groundless or there is no probability of conviction; under s.265-K the Court may acquit where there is no probability of conviction. Both need a hearing of the prosecutor and the accused, and recorded reasons.

- Topic: Courts and procedure
- For: Advocates
- A 12-slide carousel: https://failegal.site/media/acquit-at-any-stage-249-a-and-265-k
- Published by FAI Legal on 2026-10-23

## 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)

## Two sections.

2022 SCMR 1861, Supreme Court.

- **249-A, Magistrate** Charge groundless, or no probability of conviction.
- **265-K, Court** No probability of conviction.
- **Both** Hear the prosecutor and the accused. Record reasons.

## Any stage.

Reported headnotes, Supreme Court.

- **1993 SCMR 523** Recording evidence is not a condition precedent.
- **PLD 2024 SC 1152** Before 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 rule** A refusal does not stop the court using the power later.
- **When** After some evidence is recorded or new material surfaces.

## The test.

2022 SCMR 1861, Supreme Court.

- **No probability** No 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.

- **Jurisdiction** No charge could be framed for lack of it.
- **Material** Not enough to make out an offence.
- **Abuse** A groundless charge and a trial that abuses the process.

## Not for a wrong section.

2021 PCrLJ 545, Sindh High Court.

- **The facts** Acquitted mid-trial because ss.420 and 406 have different ingredients.
- **The holding** A wrong section in the FIR or challan is no ground for 249-A.
- **The result** Remanded to finish the trial.

## An affidavit is not enough.

2018 PCrLJ 549, Sindh High Court.

- **The facts** The complainant's affidavit backed release under 249-A.
- **The holding** Of 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.**

## Sources

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

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