Law4u - Made in India

What Is BNSS Section 250?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 250: Discharge

(1) The accused may prefer an application for discharge within a period of sixty days from the date of committal under section 232.

(2) If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

Brief Detail

Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for an accused person to apply for discharge from charges. The accused has sixty days from the date of committal to submit an application. If the Judge determines that there is insufficient ground to proceed, the accused will be discharged, and the Judge must provide reasons for this decision.

Question & Answers

Q1: How long does the accused have to apply for discharge?

A1: The accused may apply for discharge within sixty days from the date of committal under section 232.

Q2: What must the Judge consider when reviewing the application for discharge?

A2: The Judge must consider the record of the case, documents submitted, and hear submissions from both the accused and the prosecution.

Q3: What happens if the Judge finds insufficient grounds to proceed against the accused?

A3: The Judge will discharge the accused and record the reasons for the discharge.

Q4: Is there a specific process the Judge must follow when considering the application for discharge?

A4: Yes, the Judge must review the case record, listen to both sides, and make a determination based on the findings.

Q5: What is the significance of the Judge recording reasons for discharge?

A5: Recording the reasons ensures transparency and accountability in the judicial process.

Example

  1. Application Timeline: An accused individual submits an application for discharge 45 days after being committed under section 232.
  2. Judge’s Review: The Judge reviews all relevant documents, including witness statements and evidence presented in the case.
  3. Hearing Process: During the hearing, both the accused and the prosecution present their arguments regarding the application for discharge.
  4. Discharge Decision: If the Judge finds no sufficient grounds, he discharges the accused, providing a written explanation of the decision.
  5. Case Outcome: After discharge, the accused is no longer subject to the charges initially brought against them.

Summary

Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows an accused person to apply for discharge within sixty days of committal. The Judge must evaluate the case and determine if there are sufficient grounds to proceed. If not, the accused will be discharged, and the Judge is required to document the reasons for this decision, promoting transparency in the legal process.

Our Verified Advocates

Get expert legal advice instantly.

Advocate E Elanchezhian

Advocate E Elanchezhian

Anticipatory Bail,Breach of Contract,Cheque Bounce,Civil,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,Motor Accident,Property,R.T.I,Recovery,Tax

Get Advice
Advocate Mahipal Singh

Advocate Mahipal Singh

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Trademark & Copyright

Get Advice
Advocate Manjunatha S R

Advocate Manjunatha S R

Cheque Bounce, Criminal, Corporate, Medical Negligence, Motor Accident

Get Advice
Advocate Lekh Narayan Karna

Advocate Lekh Narayan Karna

Breach of Contract, Cheque Bounce, Corporate, Criminal, Documentation, High Court, Labour & Service, Landlord & Tenant, NCLT, Recovery, Trademark & Copyright

Get Advice
Advocate Syed Ameer

Advocate Syed Ameer

Documentation, Domestic Violence, Family, Criminal, Civil, Consumer Court, Corporate, Cheque Bounce, RERA, Muslim Law, Divorce, High Court, Labour & Service, Motor Accident, Trademark & Copyright, Revenue, Wills Trusts, Child Custody, Court Marriage, Customs & Central Excise, Anticipatory Bail

Get Advice
Advocate Sreenivaschandrasekhar Vutukuru

Advocate Sreenivaschandrasekhar Vutukuru

Civil, Consumer Court, Motor Accident, Medical Negligence, Criminal

Get Advice
Advocate Amrit Preet Singh

Advocate Amrit Preet Singh

Family, High Court, Criminal, GST, Immigration

Get Advice
Advocate Yash Sharma

Advocate Yash Sharma

Anticipatory Bail, Arbitration, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Insurance, Labour & Service, Motor Accident, Startup, Tax, Trademark & Copyright, Documentation, GST

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.