(1) 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. (2) 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.
Bharatiya Nagarik Suraksha Sanhita
Section 250
Discharge
Englishहिंदी
⚡ Quick Answer Reference: Section 250 BNSS
- Provision: Section 250 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL BEFORE A COURT OF SESSION
- Jurisdiction: India
- Summary: The accused can apply for discharge within 60 days of the case being committed. The judge will review the case and documents, hear both sides, and discharge the accused if there's not enough evidence to proceed.
Statutory Content
What does Section 250 of BNSS say?
Indian StandardSection 250, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 250 (India)
Court Pleading StandardSection 250 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/250
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 250 of BNSS mean?
Plain English Explanation
The accused can apply for discharge within 60 days of the case being committed. The judge will review the case and documents, hear both sides, and discharge the accused if there's not enough evidence to proceed.
Practical Interpretation
In practice, this section allows the accused to request discharge if they believe there's insufficient evidence. The judge will assess the case and documents, and if they agree, the accused will be discharged. This can happen at any stage of the trial.
Core Legal Purpose
The core purpose of this section is to ensure that the accused is not unfairly prosecuted. It allows the judge to review the evidence and decide if there's enough to proceed with the trial. If not, the accused will be discharged, and the case will be closed.
Key Legal Elements
- •The accused must apply for discharge within 60 days of the case being committed.
- •The judge must consider the record of the case and documents submitted.
- •The judge must hear the submissions of the accused and the prosecution.
- •The judge must consider if there's sufficient ground for proceeding against the accused.
Practical Example
Practical Example of Section 250 BNSS
Rajesh is accused of theft. He applies for discharge under Section 250 of BNSS within 60 days of the case being committed. The judge reviews the case and documents, hears both sides, and decides that there's not enough evidence to proceed. The judge discharges Rajesh and records the reasons for doing so.
Common Questions (FAQ)
Frequently Asked Questions about Section 250 BNSS
Q: What is the punishment or consequence under Section 250 of BNSS?
There is no punishment or consequence under Section 250 of BNSS. The accused is discharged, and the case is closed.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not relate to an offence, but rather a procedural provision for discharge. Therefore, it is not bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 250 BNSS
What is Section 250 of BNSS?
Section 250 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Discharge". In plain terms: The accused can apply for discharge within 60 days of the case being committed. The judge will review the case and documents, hear both sides, and discharge the accused if there's not enough evidence to proceed.
What is the punishment under Section 250 of BNSS?
Section 250 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 250 of BNSS bailable or non-bailable?
Whether Section 250 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 250 of BNSS?
The essential elements of Section 250 of BNSS are: The accused must apply for discharge within 60 days of the case being committed.; The judge must consider the record of the case and documents submitted.; The judge must hear the submissions of the accused and the prosecution..
Landmark Case Laws
Landmark Judgments under Section 250 BNSS
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