2.3 Safeguard through Discharge Proceedings S.59 of the Code imposes a limitation on the criminal justice functionaries which lays down: “No person who has been arrested by a police officer shall be discharged, except on his own bond, or on bail, or under the special order of a Magistrate”. But in view of the special significance attached to the liberty of the arrestee the law confers powers even on the officer incharge of the police station under S.169 of the Code that in case, after investigation, it is found that the evidence collected against the accused is not sufficient and the accused is in custody, such person may be released on his executing a bond with or without sureties with a direction to appear before the concerned Magistrate who is empowered to take cognizance on the police report or to commit the case. Similarly much wider powers are conferred on the judiciary to terminate proceedings by way of discharge under any of the provisions such as SS 227, 239, 245 or 258 of the Code. It may be emphasized that mechanical framing of charge by the Court may amount to violation of human rights of an innocent person and therefore it is very important that, while conducting the proceedings of framing charge/discharge of an accused person, the Court should take into account the material presented by way of charge sheet. At this stage, the court should also keep in mind the principles of admissibility of evidence as provided under the Indian Evidence Act. Also similar power of termination of proceedings can be inferred from S. 167 of the Code that confers powers on a Judicial Magistrate to authorize detention beyond a period of 24 hours only, if “there are grounds for believing that the accusation or information is well founded”. Rights of an Accused in Criminal Trials Judgments: 1. Pragyna Singh Thakur v. State of Maharashtra (2011) 10 SCC 445: The rights under A. 22(2) of the Constitution are available only against illegal detention by the police and not against custody in jail. 2. The object of Section 313 (1)(b) Cr.P.C. is to bring the substance of accusation to the accused to enable the accused to explain each and every circumstance appearing in the evidence against him. The provisions of this section are mandatory and cast a duty on the court to afford an opportunity to the accused to explain each and every circumstance and incriminating evidence against him. The examination of accused under Section 313 (1)(b) Cr.P.C. is not a mere formality: Nar Singh vs State Of Haryana on 11 November, 2014. 28