The Code of Criminal Procedure at CrPc 227 states:


If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

what makes a charge groundless ?

1 Answer 1


It's when there is insufficient prima facie evidence to support the allegation against the accused.

Or, in other words:

the evidence presented to the court is so weak that it makes a conviction impossible.

Source (and further reading, relevant case law)

  • how much discretion do magistrates have in deciding to charge someone or not ? and why can magistrates not consider the probative value of a case (as said in the linked source) Mar 8 at 11:00

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