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Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XX: Trial of Warrant-Cases by Magistrates · A.—Cases instituted on a police report

Section 262: When accused shall be discharged

Earlier law: CrPC section 239 (When accused shall be discharged)

In plain words

In a warrant-case based on a police report, the accused can apply for discharge within sixty days of being supplied the documents. If, after considering the police report and documents, any examination of the accused, and hearing both sides, the Magistrate finds the charge groundless, the accused is discharged with recorded reasons.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(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 sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 262

No Supreme Court judgment in our database cites this section yet.