Section 262 BNSS: When accused shall be discharged

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 262 BNSS at a Glance

Section 262 BNSS deals with when accused shall be discharged. It replaced Section 239 CrPC on 1 July 2024.

Was CrPC

Section 239 →

Section 262 BNSS 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.

Source: Section 262, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 262 BNSS in Simple Words

Section 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out when an accused person shall be discharged. Under Section 262(1) BNSS, the accused may apply for discharge within sixty days from the date of supply of document copies under Section 230 BNSS.

Under Section 262(2) BNSS, the Magistrate considers the police report and documents sent under Section 193 BNSS, examines the accused physically or through audio-video electronic means if the Magistrate thinks necessary, and hears the prosecution and the accused. If the Magistrate considers the charge against the accused to be groundless, the Magistrate shall discharge the accused and record reasons for doing so.

When Section 262 BNSS Applies

  • 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.
  • Under Section 262(2) BNSS, the Magistrate reviews the police report and the supporting documents submitted with it under Section 193 BNSS.
  • 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.
  • The Magistrate must allow the prosecution and the accused to be heard before deciding whether to discharge the accused under Section 262(2) BNSS.
  • 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 Under Section 262 BNSS

  • 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”

Example of Section 262 BNSS

Anita receives copies of the documents supplied under Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Within a period of sixty days from the date of supply of those document copies, Anita prefers an application for discharge under Section 262(1) BNSS. Under Section 262(2) BNSS, the Magistrate considers the police report and the documents sent with it under Section 193 BNSS. The Magistrate examines Anita through audio-video electronic means, as the Magistrate thinks necessary, and gives the prosecution and Anita an opportunity of being heard. Because the Magistrate considers the charge against Anita to be groundless, the Magistrate shall discharge Anita under Section 262(2) BNSS and record the reasons for doing so.

When Section 262 BNSS Does Not Apply

  • Discharge under Section 262(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply when the Magistrate does not consider the charge against the accused to be groundless.
  • The Magistrate cannot discharge the accused under Section 262(2) BNSS without considering the police report and the documents sent with it under Section 193 BNSS.
  • The Magistrate cannot pass a discharge order under Section 262(2) BNSS without first giving the prosecution and the accused an opportunity of being heard.

Section 262 BNSS in the CrPC (Previous Law)

Section 262 BNSS replaced Section 239 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 262 BNSS

What is the time limit for filing a discharge application under Section 262(1) BNSS?▼

Under Section 262(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the accused may prefer an application for discharge within a period of sixty days. This period of sixty days is counted from the date on which copies of documents are supplied under Section 230 of the Sanhita. The provision uses the word may, which permits the accused to move the application within that period.

How may the Magistrate examine the accused under Section 262(2) BNSS?▼

Under Section 262(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate may make such examination, if any, of the accused as the Magistrate thinks necessary. The examination of the accused may be conducted either physically or through audio-video electronic means. An examination is carried out only if and to the extent the Magistrate thinks it necessary while considering the police report and documents sent under Section 193 BNSS.

When shall the Magistrate discharge the accused under Section 262(2) BNSS?▼

Under Section 262(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate considers the police report and the documents sent with it under Section 193 BNSS, makes any examination of the accused that the Magistrate thinks necessary, and gives the prosecution and the accused an opportunity of being heard. If the Magistrate considers the charge against the accused to be groundless, the Magistrate shall discharge the accused and record reasons for doing so.

What changed from Section 239 CrPC to Section 262 BNSS from 1 July 2024?▼

Section 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 239 of the Code of Criminal Procedure, 1973 from 1 July 2024. Section 262(1) BNSS adds a new provision allowing the accused to prefer a discharge application within sixty days from the supply of document copies under Section 230 BNSS. Section 262(2) BNSS allows the Magistrate to examine the accused physically or through audio-video electronic means and updates the police report reference to Section 193 BNSS as a change of form.

Section 262 BNSS: Sub-sections Explained

Section 262(1) BNSS: When accused shall be discharged

▶

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.

Previous Law

CrPC 239 → Section 262(1) BNSS

Section 262(2) BNSS: When accused shall be discharged

▶

Bare Act Text

(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.

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