February 26, 2025

Sections 249-A and 265-K of the Code of Criminal Procedure (CrPC), 1898, both deal with the acquittal of an accused person, but they apply in different situations and have distinct legal implications.

1. Section 249-A CrPC (Acquittal in Cases Triable by Magistrates)

Applicability: This section applies only to Magistrates.

Stage of Acquittal: The accused can be acquitted at any stage of the trial, even before recording evidence.

Grounds for Acquittal: If the Magistrate considers that:

The charge is groundless, or

There is no probability of conviction, even if evidence is recorded.

Authority: Only a Magistrate can exercise this power.

Scope: Applies to cases triable by a Magistrate under Chapter XX of the CrPC.

2. Section 265-K CrPC (Acquittal in Cases Triable by Sessions Court)

Applicability: This section applies to Sessions Courts.

Stage of Acquittal: The accused can be acquitted at any stage of the trial, even before the prosecution completes its evidence.

Grounds for Acquittal: If the Sessions Court considers that:

There is no probability of conviction based on the evidence available.

Authority: Only a Sessions Court can exercise this power.

Scope: Applies to cases triable by the Sessions Court, including serious offenses.

Key Differences

Conclusion

Both sections provide pre-trial or mid-trial acquittal mechanisms, but Section 249-A applies to Magistrates, while Section 265-K applies to Sessions Courts. The key criterion in both is whether there is no probability of conviction, allowing courts to avoid unnecessary proceedings where evidence is weak or non-existent.