Bharatiya Nagarik Suraksha Sanhita

Section 262

When accused shall be discharged

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⚡ Quick Answer Reference: Section 262 BNSS

Provision: Section 262 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: TRIAL OF WARRANT-CASES BY MAGISTRATES
Jurisdiction: India
Summary: An accused person can apply for discharge within 60 days of receiving documents related to the case. The court will review the police report, documents, and may question the accused. If the court finds the charge to be baseless, it will discharge the accused and record its reasons.

Statutory Content

What does Section 262 of BNSS say?

(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.

Indian StandardSection 262, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 262 (India)

Court Pleading StandardSection 262 of the Bharatiya Nagarik Suraksha Sanhita

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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 262 of BNSS mean?

Plain English Explanation

An accused person can apply for discharge within 60 days of receiving documents related to the case. The court will review the police report, documents, and may question the accused. If the court finds the charge to be baseless, it will discharge the accused and record its reasons.

Practical Interpretation

This section allows the accused to request discharge from the case if they believe the charge is unfounded. The court will consider the police report, documents, and may conduct an examination of the accused. If the court finds the charge to be groundless, it will discharge the accused.

Core Legal Purpose

The core purpose of this section is to provide a mechanism for the accused to challenge the charge and be discharged if the court finds the charge to be baseless. This section aims to prevent unnecessary prolongation of the trial process and ensure that the accused is not subjected to a trial on a charge that lacks merit.

Key Legal Elements

•The accused must apply for discharge within 60 days of receiving documents related to the case.
•The court must consider the police report and documents sent with it.
•The court may conduct an examination of the accused, either physically or through audio-video electronic means.
•The court must give the prosecution and the accused an opportunity to be heard.

Practical Example

Practical Example of Section 262 BNSS

Rajesh, an accused person, is charged with a crime under Section 262 of BNSS. He receives the documents related to the case and applies for discharge within 60 days. The court reviews the police report, documents, and conducts an examination of Rajesh. After hearing the prosecution and Rajesh, the court finds the charge to be baseless and discharges Rajesh. The court records its reasons for discharging Rajesh.

Common Questions (FAQ)

Frequently Asked Questions about Section 262 BNSS

Q: What is the punishment or consequence under Section 262 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. The consequence of this section is the discharge of the accused if the court finds the charge to be baseless.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it is a general provision applicable to all accused persons.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not classify the offence as bailable or cognizable. The classification of the offence would depend on the specific provisions of the BNSS or other relevant laws.

Common Questions about Section 262 BNSS

What is Section 262 of BNSS?

Section 262 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "When accused shall be discharged". In plain terms: An accused person can apply for discharge within 60 days of receiving documents related to the case. The court will review the police report, documents, and may question the accused. If the court finds the charge to be baseless, it will discharge the accused and record its reasons.

What is the punishment under Section 262 of BNSS?

Section 262 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 262 of BNSS bailable or non-bailable?

Whether Section 262 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 262 of BNSS?

The essential elements of Section 262 of BNSS are: The accused must apply for discharge within 60 days of receiving documents related to the case.; The court must consider the police report and documents sent with it.; The court may conduct an examination of the accused, either physically or through audio-video electronic means..

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