Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 262
When accused shall be discharged
In one line
BNSS Section 262 deals with when accused shall be discharged and replaces CrPC 239.
Bare act text — BNSS 262
262. When accused shall be discharged.
(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.
What changed from the CrPC
- CrPC 239 → BNSS 262: New subsection 262(1) provides the time limit of application for discharge by accused as "within a period of sixty days from the date of supply of copies of document under section 230".
- CrPC 239 → BNSS 262: Examination of accused through audio- video electronic means can be done as added in sub-section (2).
Frequently asked
What was BNSS Section 262 in the CrPC?
BNSS Section 262 (When accused shall be discharged) replaces Section 239 of the Code of Criminal Procedure, 1973. CrPC 239 is now BNSS 262.
Still citing the CrPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNSS sections
- BNSS 257 — Arguments
- BNSS 258 — Judgment of acquittal or conviction
- BNSS 259 — Previous conviction
- BNSS 260 — Procedure in cases instituted under sub-section (2) of section 222
- BNSS 261 — Compliance with section 230
- BNSS 263 — Framing of charge
- BNSS 264 — Conviction on plea of guilty
- BNSS 265 — Evidence for prosecution
- BNSS 266 — Evidence for defence
- BNSS 267 — Evidence for prosecution