Section 262 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 262 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: When Accused Shall Be Discharged
📜 Text of Section 262
Section 262. When accused shall be discharged.
Application for Discharge: 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.
Magistrate's Consideration: 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.
⚖️ Legal Context and Purpose
Section 262 of the BNSS, 2023, outlines the procedure for the discharge of an accused person in a criminal case. It provides the accused with the right to apply for discharge within sixty days of receiving copies of documents under section 230. The Magistrate is then required to review the case, considering the police report, accompanying documents, and any necessary examination of the accused. If the Magistrate deems the charge groundless, they must discharge the accused and record the reasons for the decision.
This provision ensures that individuals are not subjected to unnecessary trials if there is insufficient evidence to support the charges against them, thereby safeguarding their rights and promoting judicial efficiency.
🧭 Illustrative Example
Scenario: An individual is accused of theft based on a police report.
Application of Section 262:
Receipt of Documents: The accused receives copies of the police report and related documents on January 1, 2023.
Application for Discharge: The accused files an application for discharge on February 15, 2023, within the sixty-day period specified
Magistrate's Review: The Magistrate reviews the police report and documents, and conducts an examination of the accused via audio-video means
Decision: After considering all factors, the Magistrate determines that the charge is groundless and discharges the accused, recording the reasons for the decision.
📌 Conclusion
Section 262 of the BNSS, 2023, provides a mechanism for the discharge of an accused person when the charges are deemed groundless. By allowing the accused to apply for discharge and requiring the Magistrate to review the case thoroughly, this provision upholds the principles of justice and fairness in the criminal justice system.
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