CrPC Section 258
Section 258 – Procedure where no ground for commitment
This section deals with the procedure when a Magistrate finds no sufficient ground to commit a case to the Court of Session.
What it says:
If, upon considering the evidence, the Magistrate is of the opinion that there is no sufficient ground for committing the accused to the Court of Session for trial, then:
The Magistrate shall acquit the accused, or
If the case is one that can be tried by a Magistrate, and the Magistrate thinks it proper, he can try the accused himself.
Explanation:
When a Magistrate conducts a preliminary inquiry or trial for a serious offence (one triable only by the Sessions Court), he has to decide whether there is enough evidence to commit the accused to the Sessions Court for trial.
If the Magistrate finds the evidence weak or insufficient, instead of sending the accused to the Sessions Court, he can:
Acquit the accused, or
If the offence is such that the Magistrate has jurisdiction to try it (some offences can be tried by Magistrate courts as well), then the Magistrate may decide to try the accused himself.
Summary:
| Situation | Action by Magistrate |
|---|---|
| No sufficient ground for commitment | Acquit the accused OR try the case if Magistrate has jurisdiction |
| Sufficient ground for commitment | Commit the accused to Sessions Court for trial |
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