Section 262 BNSS: When accused shall be discharged (Formerly Section 245 CrPC)

Section 262 of Bharatiya Nagarik Suraksha Sanhita, 2023: When accused shall be discharged

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 262

Section 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Magistrate to discharge the accused in warrant-cases instituted on a police report if allegations are groundless.

Core Legal Standard: Section 262 provides that if, upon considering the police report.
Framing & Alteration of Charges: The documents sent with it under Section 193 and making such examination, if any, of the accused 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, they shall discharge the accused, and record their reasons for so doing.

This provision safeguards the accused against frivolous prosecution in warrant cases, mandating discharge whenever the allegations in the police report are entirely groundless.

Key Landmark Precedents:

State of Karnataka v. L. Muniswamy (1977) 2 SCC 699: The Supreme Court held that the Magistrate must discharge the accused under Section 239 CrPC (Sec 262 BNSS) if the allegations are groundless; proceeding with a trial on groundless allegations is an abuse of judicial process and harassment of citizens.
R.S. Nayak v. A.R. Antulay (1986) 2 SCC 716: Affirmed that 'groundless' means that there is no legal ground for presuming that the accused has committed the offence, entitling the accused to an early discharge.

Legal Commentary:

Section 262 is the Magistrate court equivalent of Section 250. Defense counsel must demonstrate from the four corners of the police report that key legal ingredients are missing, that the dispute is purely civil, or that statutory sanction was not obtained.