Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XX: Trial Of Warrant-cases By Magistrates

Section 262 BNSS: When accused shall be discharged

Corresponding CrPC: Section 239 CrPC
Note: New: sets a time limit for the discharge application and allows the accused's examination through audio-video electronic means.

Bare Act text

(1) The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under section 230.

(2) If, upon considering the police report and the documents sent with it under section 193 and making such examination, if any, of the accused, either physically or through audio-video electronic means, as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Allows the accused to apply for discharge within sixty days from supply of documents under section 230. The Magistrate considers the police report and documents, may examine the accused physically or by audio-video electronic means, and hears both sides. He discharges the accused with recorded reasons if the charge is considered groundless.