CrPC 239→BNSS 262

CrPC 239 to BNSS 262: When accused shall be discharged

Section 239 CrPC (1973) replaced by Section 262 BNSS (2023)

View CrPC Section 239 →View BNSS Section 262 →

CrPC 239 to BNSS 262 at a Glance

Section 239 CrPC (When accused shall be discharged) is now Section 262 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 239 to BNSS 262?

Section 239 of the Code of Criminal Procedure, 1973 was a single paragraph without sub-sections, whereas Section 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is divided into Section 262(1) and Section 262(2). Section 262(1) BNSS is new with no CrPC source and lets the accused prefer a discharge application within sixty days from the supply of document copies under Section 230 BNSS. Section 262(2) BNSS retains the discharge rule from Section 239 CrPC and adds examination of the accused physically or through audio-video electronic means. Renumbering the provision and updating Section 173 CrPC to Section 193 BNSS are changes of form, and the groundless-charge standard is unchanged.

CrPC 239 vs BNSS 262: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section239262
HeadingWhen accused shall be dischargedSame
Sub-sectionsNone2 sub-sections
Cross-referencess.173s.193

CrPC 239 and BNSS 262: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 239, CrPC 1973

239. When accused shall be discharged.—If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused 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.
BNSS 2023 (in force)

Section 262, BNSS 2023

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.

When It Applies: CrPC 239 vs BNSS 262

Under CrPC 239
  1. Under Section 239 of the Code of Criminal Procedure, 1973, the Magistrate acts after examining the police report and all accompanying documents forwarded under Section 173 CrPC.
  2. The Magistrate may question the accused to the extent the Magistrate thinks necessary before deciding whether the case should proceed under Section 239 CrPC.
  3. The prosecution and the accused must be given a chance to present their arguments before the Magistrate reaches a decision under Section 239 CrPC.
  4. When the Magistrate considers the charge against the accused to be groundless, the Magistrate shall discharge the accused and must write down the reasons for that order.
Under BNSS 262
  1. Under Section 262(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the accused may file an application seeking discharge within a period of sixty days from the date of supply of copies of documents under Section 230 BNSS.
  2. Under Section 262(2) BNSS, the Magistrate reviews the police report and the supporting documents submitted with it under Section 193 BNSS.
  3. The Magistrate may question the accused in person or by audio-video electronic means if the Magistrate thinks such questioning is necessary under Section 262(2) BNSS.
  4. The Magistrate must allow the prosecution and the accused to be heard before deciding whether to discharge the accused under Section 262(2) BNSS.
  5. If the Magistrate considers the charge against the accused to be groundless, the Magistrate shall discharge the accused and must record the reasons for doing so.

Time Limits: CrPC 239 to BNSS 262

Under CrPC 239

Section 239 CrPC states no time limit.

Under BNSS 262
  • An accused who wishes to apply for discharge under Section 262(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 may prefer the application within a period of sixty days starting from the date on which copies of documents are supplied under Section 230 BNSS.Act text: “within a period of sixty days from the date of supply of copies of documents under section 230”

What CrPC 239 to BNSS 262 Means in Practice

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an accused person has an express statutory option under Section 262(1) BNSS to prefer an application for discharge within sixty days from the supply of document copies under Section 230 BNSS, which Section 239 of the Code of Criminal Procedure, 1973 did not state. Under Section 262(2) BNSS, the Magistrate may also examine the accused through audio-video electronic means as well as physically, while the duty to discharge on a groundless charge remains unchanged.

FAQs: CrPC 239 to BNSS 262

What new time limit did Section 262 BNSS introduce compared to Section 239 CrPC?▼

Section 239 of the Code of Criminal Procedure, 1973 did not state a time limit for applying for discharge. Section 262(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces a new rule stating that 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 BNSS.

How did the rule on examining the accused change between Section 239 CrPC and Section 262 BNSS?▼

Under Section 239 of the Code of Criminal Procedure, 1973, the Magistrate could make such examination, if any, of the accused as the Magistrate thought necessary, without specifying the mode of examination. Section 262(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 keeps that power and adds that the examination may be made either physically or through audio-video electronic means.

Did the legal test for discharging the accused change from Section 239 CrPC to Section 262 BNSS?▼

No, the legal test for discharge is unchanged. Under both Section 239 of the Code of Criminal Procedure, 1973 and Section 262(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the Magistrate considers the charge against the accused to be groundless after considering the police report and documents, making any necessary examination of the accused, and hearing the prosecution and the accused, the Magistrate shall discharge the accused and record reasons.

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 ·