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CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES · A.—Cases instituted on a police report

Section 262: When accused shall be discharged

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

262New provision
262(1)New Sub-Section

Questions on this section

1 question in 3 of our papers cite Section 262. Try these from the free papers:

  1. 1. Consider the following statements regarding the trial of warrant-cases instituted on a police report under the BNSS: 1. The accused may prefer an application for discharge within sixty days from the date of supply of copies of documents under Section 230. 2. The Magistrate may discharge the accused without giving the prosecution an opportunity of being heard. 3. The examination of a prosecution witness may be done by audio-video electronic means at the designated place to be notified by the State Government. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita