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 commitment of the case 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.
Why this exists
This provision acts as an important filter before a full Sessions trial begins, protecting an accused from being forced through a lengthy, serious trial when the evidence on record simply doesn't support proceeding further. The newly added 60-day deadline (introduced in 2023) ensures this discharge application is made promptly, preventing indefinite delay in either securing discharge or moving the case forward to trial.
How courts read it
Under the closely related earlier discharge provisions (CrPC sections 227/239), the Supreme Court has held that at the discharge stage, the judge must only assess whether a prima facie case exists — not conduct a detailed evaluation of evidence as if at trial — discharging the accused only where the material on record, even if unrebutted, would not justify conviction.
Common misconceptions
- Myth: A discharge hearing involves the same detailed weighing of evidence as a full trial.
Fact: At the discharge stage, the judge only checks whether a prima facie (basic, surface-level) case exists based on the record — it is not a mini-trial assessing the ultimate truth of the evidence.