Section 250 BNSS: Discharge

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 250 BNSS at a Glance

Section 250 BNSS deals with discharge. It replaced Section 227 CrPC on 1 July 2024.

Was CrPC

Section 227 →

Section 250 BNSS Bare Act Text

(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.

Source: Section 250, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 250 BNSS in Simple Words

Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the discharge of an accused person when the case record does not support taking the matter forward. Under Section 250(1) BNSS, 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 Judge considers the record of the case and the documents submitted with it, and hears the submissions of both the accused and the prosecution. If the Judge considers that there is not sufficient ground for proceeding against the accused, the Judge shall discharge the accused and record reasons for doing so.

When Section 250 BNSS Applies

  • 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.
  • In deciding on discharge under Section 250(2) BNSS, the Judge must examine the record of the case and all documents submitted with it.
  • 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.
  • 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.
  • When discharging the accused under Section 250(2) BNSS, the Judge shall record the reasons for ordering the discharge.

Time Limits Under Section 250 BNSS

  • 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.”

Example of Section 250 BNSS

A criminal case against Anita is committed under Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Within the period of sixty days from the date of commitment of the case under Section 232 BNSS, Anita prefers an application for discharge under Section 250(1) BNSS. Under Section 250(2) BNSS, the Judge considers the record of the case and the documents submitted with it, and hears the submissions of both Anita and the prosecution in that behalf. Upon doing so, the Judge considers that there is not sufficient ground for proceeding against Anita. Because that requirement is satisfied, the Judge shall discharge Anita and shall record the reasons for doing so.

When Section 250 BNSS Does Not Apply

  • Discharge under Section 250(2) BNSS does not apply when the Judge finds that there is sufficient ground for proceeding against the accused.
  • The Judge cannot order discharge under Section 250(2) BNSS without considering the record of the case and the documents submitted with it.
  • An order discharging the accused under Section 250(2) BNSS cannot be made without hearing the submissions of both the accused and the prosecution.

Section 250 BNSS in the CrPC (Previous Law)

Section 250 BNSS replaced Section 227 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 250 BNSS

What is the time limit for filing a discharge application under Section 250 BNSS?▼

Section 250(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows 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. The Sanhita uses the word may for preferring the application, and fixes that period of sixty days by counting from the date on which the case is committed under Section 232 BNSS.

When shall the Judge discharge the accused under Section 250(2) BNSS?▼

A Judge shall discharge the accused under Section 250(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when the Judge considers that there is not sufficient ground for proceeding against the accused. Before reaching that decision, the Judge must consider the record of the case and the documents submitted with it, and must hear the submissions of both the accused and the prosecution in that behalf.

Must the Judge record reasons when discharging an accused under Section 250 BNSS?▼

Yes. Section 250(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the Judge to record his reasons for discharging the accused. Where, 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, the Judge considers that there is not sufficient ground for proceeding against the accused, the Judge shall discharge the accused and shall record reasons for doing so.

What changed from Section 227 CrPC to Section 250 BNSS from 1 July 2024?▼

Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024, replaces Section 227 of the Code of Criminal Procedure, 1973. Section 250(1) BNSS is a new sub-section with no source in the Code, allowing 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. Section 250(2) BNSS retains the discharge rule from Section 227 CrPC without any change in wording.

Section 250 BNSS: Sub-sections Explained

Section 250(1) BNSS: Discharge

▶

Bare Act Text

(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.

Previous Law

CrPC 227 → Section 250(1) BNSS

Section 250(2) BNSS: Discharge

▶

Bare Act Text

(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.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·