(1)When the written statements and all the other evidence, if any, in support of the prosecution have been received in evidence, the examining Magistrate shall, if he finds that there are insufficient grounds for committing the accused for trial, discharge him.
Section history
Section 180 — When accused to be discharged
As in force on 28 March 2013.
Timeline 3 versions
- 2 January 2011 Enacted
- 28 March 2013 You are here
- 17 September 2018 Act 19 of 2018
- 17 August 2026 Latest
(2)Nothing in this section shall be deemed to prevent an examining Magistrate from discharging the accused at any previous stage of the case if for reasons to be recorded by the examining Magistrate, he considers the charge to be groundless.
(3)When the examining Magistrate is of the opinion that there are peculiar difficulties or circumstances connected with the case or whenever he is so directed by the Public Prosecutor, he shall remand the accused or admit him to bail and shall forthwith forward the evidence before the court to the Public Prosecutor in order that he may give such instructions as to him appear requisite.