Section 227 CrPC: Discharge
Code of Criminal Procedure, 1973
Section 227 CrPC at a Glance
Section 227 CrPC deals with discharge. From 1 July 2024 it is replaced by Section 250 BNSS.
What Section 227 CrPC Says
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.
Source: Section 227, Code of Criminal Procedure, 1973
Section 227 CrPC in Simple Words
Section 227 of the Code of Criminal Procedure, 1973 deals with the discharge of an accused person when the record does not show sufficient ground for proceeding against him.
Under the Code, the Judge examines 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, Section 227 CrPC requires that the Judge shall discharge the accused and shall record reasons for doing so.
When Section 227 CrPC Applies
- 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.
- 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.
- When the Judge considers that there is not sufficient ground for proceeding against the accused, the Judge shall order the discharge of the accused.
- Whenever the Judge orders a discharge under Section 227 CrPC, the Judge shall write down the reasons supporting that decision.
Example of Section 227 CrPC
When Section 227 CrPC Does Not Apply
- Discharge under Section 227 of the Code of Criminal Procedure, 1973 does not apply when the Judge finds that there is sufficient ground for proceeding against the accused.
- The Judge cannot discharge the accused under Section 227 CrPC without considering the record of the case and the documents submitted with it.
- An order of discharge under Section 227 CrPC cannot be passed before hearing the submissions of both the accused and the prosecution.
Section 227 CrPC Under BNSS 250: What Changed
Section 227 CrPC is now covered under Section 250 BNSS.
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.
View detailed comparison (CrPC 227 vs BNSS 250) →FAQs on Section 227 CrPC
When must a Judge discharge the accused under Section 227 CrPC?▼
A Judge shall discharge the accused under Section 227 of the Code of Criminal Procedure, 1973 when the Judge considers that there is not sufficient ground for proceeding against the accused. Before reaching that conclusion, 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. Section 227 CrPC uses the word shall for the discharge once the Judge so considers.
What material and arguments must the Judge consider under Section 227 CrPC?▼
Section 227 of the Code of Criminal Procedure, 1973 specifies the material and the arguments that the Judge must consider before deciding on discharge. The Judge must examine the record of the case along with the documents submitted with that record. In addition, the Judge must hear the submissions of the accused and the submissions of the prosecution in that behalf before deciding whether there is not sufficient ground for proceeding against the accused under Section 227 CrPC.
Is the Judge required to record reasons when discharging an accused under Section 227 CrPC?▼
Yes. Section 227 of the Code of Criminal Procedure, 1973 requires the Judge to record his reasons for discharging the accused. When the Judge considers, upon examining the record of the case and the documents submitted with it and after hearing the submissions of the accused and the prosecution, that there is not sufficient ground for proceeding against the accused, the Judge shall discharge the accused and shall record reasons for doing so.
Where is Section 227 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The provision for discharge in Section 227 CrPC is found in Section 250 of the Sanhita from 1 July 2024. Specifically, the rule requiring the Judge to discharge the accused and record reasons when there is not sufficient ground for proceeding against the accused is placed in Section 250(2) BNSS, alongside a provision on discharge applications in Section 250(1) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·