Section 239 CrPC: When accused shall be discharged

Code of Criminal Procedure, 1973

Section 239 CrPC at a Glance

Section 239 CrPC deals with when accused shall be discharged. From 1 July 2024 it is replaced by Section 262 BNSS.

Now BNSS

What Section 239 CrPC Says

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.

Source: Section 239, Code of Criminal Procedure, 1973

Section 239 CrPC in Simple Words

Section 239 of the Code of Criminal Procedure, 1973 deals with when a Magistrate shall discharge an accused person in a warrant-case instituted on a police report.

The Magistrate examines the police report and the documents sent with it under Section 173 CrPC, conducts such examination of the accused as the Magistrate thinks necessary, and gives the prosecution and the accused an opportunity of being heard.

If the Magistrate then considers the charge against the accused to be groundless, the Magistrate shall discharge the accused and must record the reasons for doing so.

When Section 239 CrPC Applies

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.
The Magistrate may question the accused to the extent the Magistrate thinks necessary before deciding whether the case should proceed under Section 239 CrPC.
The prosecution and the accused must be given a chance to present their arguments before the Magistrate reaches a decision under Section 239 CrPC.
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.

Example of Section 239 CrPC

Police submit a police report and accompanying documents under Section 173 of the Code of Criminal Procedure, 1973 naming Ramesh as the accused. Under Section 239 CrPC, the Magistrate reviews the police report and the documents sent with it. The Magistrate also conducts an examination of Ramesh that the Magistrate thinks necessary and gives the prosecution and Ramesh an opportunity of being heard. After completing these steps, the Magistrate considers the charge against Ramesh to be groundless. Because the charge is groundless, the Magistrate shall discharge Ramesh under Section 239 CrPC and must record the reasons for doing so in the order.

When Section 239 CrPC Does Not Apply

Discharge under Section 239 of the Code of Criminal Procedure, 1973 does not apply when the Magistrate does not consider the charge against the accused to be groundless.
The Magistrate cannot order a discharge under Section 239 CrPC without considering the police report and the documents sent with it under Section 173 CrPC.
An order of discharge under Section 239 CrPC cannot be passed before giving the prosecution and the accused an opportunity of being heard.

Section 239 CrPC Under BNSS 262: What Changed

Section 239 CrPC is now covered under Section 262 BNSS.

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.

View detailed comparison (CrPC 239 vs BNSS 262) →

FAQs on Section 239 CrPC

When shall a Magistrate discharge the accused under Section 239 CrPC?▼

Under Section 239 of the Code of Criminal Procedure, 1973, the Magistrate shall discharge the accused when the Magistrate considers the charge against the accused to be groundless. Before reaching that conclusion, the Magistrate must consider the police report and the documents sent with it under Section 173 CrPC, make such examination of the accused as the Magistrate thinks necessary, and give the prosecution and the accused an opportunity of being heard.

Is the Magistrate required to examine the accused in every case under Section 239 CrPC?▼

No. Section 239 of the Code of Criminal Procedure, 1973 does not require an examination of the accused in every case. The provision states that the Magistrate makes such examination, if any, of the accused as the Magistrate thinks necessary. Whether to examine the accused depends on what the Magistrate thinks necessary while considering the police report and the documents sent with it under Section 173 CrPC.

Must the Magistrate hear the parties and record reasons when discharging an accused under Section 239 CrPC?▼

Yes. Section 239 of the Code of Criminal Procedure, 1973 requires both a hearing and recorded reasons. The Magistrate can discharge the accused only after giving the prosecution and the accused an opportunity of being heard. Furthermore, when the Magistrate considers the charge against the accused to be groundless and discharges the accused, the Magistrate shall record reasons for doing so.

Where is Section 239 CrPC found after the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force?▼

The Code of Criminal Procedure, 1973 stood in force until 30 June 2024 and was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 239 CrPC is found in Section 262 of the Sanhita, which also deals with when an accused shall be discharged.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·