Bharatiya Nagarik Suraksha Sanhita, 2023
Section 262 BNSS: When Accused Shall Be Discharged
Section 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs discharge in a warrant-case instituted on a police report. It gives the accused a statutory period of sixty days to apply for discharge after supply of documents under Section 230 and requires the Magistrate to discharge the accused where the charge is found to be groundless.
Text of Section 262 BNSS
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.
Meaning and scope of Section 262
Section 262 applies to warrant-cases instituted on a police report. It operates after the accused has been supplied the documents required by Section 230 and before the case proceeds to framing of charge under Section 263.
The provision has two principal parts. First, it fixes a sixty-day period for the accused to prefer an application for discharge. Second, it states the matters the Magistrate must consider and the circumstances in which discharge must follow.
Key requirements under Section 262
- The discharge application may be filed within sixty days from the date on which copies of documents are supplied under Section 230.
- The Magistrate considers the police report and the documents sent with it under Section 193.
- The Magistrate may examine the accused if considered necessary.
- Such examination may be conducted physically or through audio-video electronic means.
- Both the prosecution and the accused must be given an opportunity of being heard.
- If the charge is considered groundless, the Magistrate shall discharge the accused.
- The Magistrate must record reasons for the discharge.
Sixty-day period for a discharge application
Section 262(1) specifically links the starting point of the sixty-day period to the date of supply of copies of documents under Section 230. The statutory reference therefore makes compliance with Section 230 important for computing the period available to the accused for filing a discharge application.
Section 261 immediately precedes Section 262 and requires the Magistrate, at the commencement of the trial of a warrant-case instituted on a police report, to satisfy himself that Section 230 has been complied with. See Section 261 BNSS - Compliance with Section 230.
What the Magistrate considers under Section 262(2)
For deciding discharge, the Magistrate considers the police report and the documents sent with it under Section 193. The Magistrate may also examine the accused where considered necessary. The statutory text expressly allows such examination to take place either physically or through audio-video electronic means.
The prosecution and the accused must each be given an opportunity of being heard. After this consideration and hearing, if the Magistrate concludes that the charge against the accused is groundless, discharge is mandatory and the Magistrate must record reasons.
What does "groundless" mean in Section 262?
The statutory test in Section 262 is whether the charge against the accused is "groundless." The section itself does not provide a separate definition of that expression. Its application therefore depends on the police report, accompanying documents, the hearing of the parties and the governing judicial principles applicable to discharge at the pre-charge stage.
Section 262 and Section 263: discharge or framing of charge
| Stage | BNSS provision | Function |
|---|---|---|
| Supply of prosecution papers | Section 230 | Required documents are furnished to the accused before the trial proceeds. |
| Verification of compliance | Section 261 | The Magistrate verifies compliance with Section 230. |
| Discharge | Section 262 | The accused may apply within sixty days, and discharge follows if the charge is groundless. |
| Framing of charge | Section 263 | If the case proceeds and the statutory conditions are met, the Magistrate frames the charge. |
Definition of warrant-case under BNSS
Under Section 2(1)(z) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Section 262 forms part of the procedure for trial of warrant-cases by Magistrates where the case is instituted on a police report.
Official status of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It received Presidential assent on 25 December 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception stated in the commencement notification.
Related BNSS provisions
Continue with Section 263 - Framing of charge, Section 264 - Conviction on plea of guilty, Section 265 - Evidence for prosecution, Section 266 - Evidence for defence, Section 267 - Evidence for prosecution, Section 268 - When accused shall be discharged, Section 269 - Procedure where accused is not discharged and Section 270 - Evidence for defence.
This page provides general legal information about the statutory provision. For application to a particular case, the complete BNSS, applicable rules, notifications and relevant judicial decisions should be considered.