February 26, 2025

Sections 249-A and 265-K of the Code of Criminal Procedure (CrPC), 1898 in Pakistan both deal with the acquittal of an accused during the trial, but they apply to different types of cases and have some key differences:

1. Section 249-A CrPC (Acquittal in Magistrate Trials)

Applicability: This section applies to trial before a Magistrate.

Stage of Acquittal: The accused can be acquitted at any stage of the proceedings.

Grounds for Acquittal: If the Magistrate considers that the charge against the accused is groundless or that there is no probability of conviction, he can acquit the accused.

Discretionary Power: The power to acquit is given to the Magistrate.

2. Section 265-K CrPC (Acquittal in Sessions Trials)

Applicability: This section applies to trial before a Court of Session.

Stage of Acquittal: The accused can be acquitted at any stage of the trial.

Grounds for Acquittal: If the Sessions Court finds that there is no probability of the accused being convicted, the accused can be acquitted.

Discretionary Power: The power to acquit is given to the Sessions Court.

Key Differences

Conclusion

Both sections provide for acquittal before conclusion of the trial, but Section 249-A applies to Magistrate trials, while Section 265-K applies to Sessions Court trials. The common factor is that the court must be satisfied that there is no probability of conviction before ordering acquittal.