When accused shall be discharged.
What this section does
In a warrant-case instituted on a police report, the accused may apply for discharge within sixty days from the date of supply of copies under section 230. After considering the police report, accompanying documents, any examination of the accused, and hearing both sides, if the Magistrate finds the charge groundless, he shall discharge the accused with recorded reasons.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Magistrate · Accused · Prosecution
- Time limit
- Application for discharge must be preferred within 60 days from the date of supply of copies under section 230
- CRPC Section 239 — Discharge (warrant cases instituted on police report)
Read the official text
For the binding statutory text of BNSS Section 262, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 262 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.