BNSS Section 262: When accused shall be discharged
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 20: TRIAL OF WARRANT-CASES BY MAGISTRATES (A.—Cases instituted on a police report, B.—Cases instituted otherwise than on police report, C.—Conclusion of trial)
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262.
(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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 261. Compliance with section 230
- 263. Framing of charge
- 264. Conviction on plea of guilty
- 265. Evidence for prosecution
- 266. Evidence for defence
- 267. Evidence for prosecution
- 268. When accused shall be discharged
- 269. Procedure where accused is not discharged
- 270. Evidence for defence
- 271. Acquittal or conviction
- 272. Absence of complainant
- 273. Compensation for accusation without reasonable cause