CrPC 227→BNSS 250

CrPC 227 to BNSS 250: Discharge

Section 227 CrPC (1973) replaced by Section 250 BNSS (2023)

View CrPC Section 227 →View BNSS Section 250 →

CrPC 227 to BNSS 250 at a Glance

Section 227 CrPC (Discharge) is now Section 250 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 227 to BNSS 250?

Section 227 of the Code of Criminal Procedure, 1973 becomes Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, which is a change of form in numbering and structure. Substantively, the Sanhita adds a new sub-section, Section 250(1) BNSS, which has no source in the Code and states that the accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under Section 232 BNSS. The existing provision of Section 227 CrPC is placed in Section 250(2) BNSS, where the rule and its wording are unchanged.

CrPC 227 vs BNSS 250: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section227250
HeadingDischargeSame
Sub-sectionsNone2 sub-sections

CrPC 227 and BNSS 250: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 227, CrPC 1973

227. Discharge.—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.
BNSS 2023 (in force)

Section 250, BNSS 2023

250. Discharge.—(1) The accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under section 232. (2) 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.

When It Applies: CrPC 227 vs BNSS 250

Under CrPC 227
  1. Under Section 227 of the Code of Criminal Procedure, 1973, the Judge must first examine the case file and all accompanying documents placed before the court.
  2. Both the accused and the prosecution must be heard on their arguments before the Judge decides under Section 227 CrPC whether the case should proceed.
  3. When the Judge considers that there is not sufficient ground for proceeding against the accused, the Judge shall order the discharge of the accused.
  4. Whenever the Judge orders a discharge under Section 227 CrPC, the Judge shall write down the reasons supporting that decision.
Under BNSS 250
  1. An accused person may file an application seeking discharge under Section 250(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 after the case is committed under Section 232 BNSS.
  2. In deciding on discharge under Section 250(2) BNSS, the Judge must examine the record of the case and all documents submitted with it.
  3. The Judge must hear the submissions made by both the accused and the prosecution before deciding whether to discharge the accused under Section 250(2) BNSS.
  4. Where the Judge considers that there is not sufficient ground for proceeding against the accused, the Judge shall discharge the accused under Section 250(2) BNSS.
  5. When discharging the accused under Section 250(2) BNSS, the Judge shall record the reasons for ordering the discharge.

Time Limits: CrPC 227 to BNSS 250

Under CrPC 227

Section 227 CrPC states no time limit.

Under BNSS 250
  • Under Section 250(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the accused may prefer an application for discharge within a period of sixty days from the date on which the case is committed under Section 232 BNSS.Act text: “within a period of sixty days from the date of commitment of the case under section 232.”

What CrPC 227 to BNSS 250 Means in Practice

Section 227 of the Code of Criminal Procedure, 1973 had no express provision for an application for discharge by the accused and no period for making one. Under Section 250(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under Section 232 BNSS. Under Section 250(2) BNSS, the standard for discharge, the hearing of both sides, and the duty to record reasons remain unchanged.

FAQs: CrPC 227 to BNSS 250

What is the main difference between Section 227 CrPC and Section 250 BNSS?▼

The main difference is the addition of Section 250(1) in the Bharatiya Nagarik Suraksha Sanhita, 2023, which has no counterpart in Section 227 of the Code of Criminal Procedure, 1973. Section 250(1) BNSS provides that the accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under Section 232 BNSS. The discharge rule from Section 227 CrPC is retained without wording changes in Section 250(2) BNSS.

Did the legal test for discharging the accused change between Section 227 CrPC and Section 250 BNSS?▼

No, the legal test is unchanged between Section 227 of the Code of Criminal Procedure, 1973 and Section 250(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under both provisions, if upon consideration of the record of the case and the documents submitted with it, and after hearing the submissions of the accused and the prosecution in that behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, the Judge shall discharge the accused and record reasons.

Which part of Section 250 BNSS is new and has no source in the CrPC?▼

Section 250(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is new and has no source in the Code of Criminal Procedure, 1973. It introduces an express provision for the accused to prefer an application for discharge within a period of sixty days from the date of commitment of the case under Section 232 BNSS. By contrast, Section 250(2) BNSS carries forward the exact text of Section 227 CrPC as a change of form in numbering.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·