Section 250 of BNSS, 2023 — Discharge

Introduction

Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the discharge of an accused in a trial before the Court of Session.

It provides an opportunity for the accused to seek discharge before the Court proceeds to frame a charge. If, after examining the record and hearing both sides, the Judge finds that there is not sufficient ground for proceeding against the accused, the accused must be discharged.

A significant change introduced by the BNSS is that the accused may prefer an application for discharge within 60 days from the date of commitment of the case under Section 232.

Meaning of Section 250

Section 250 provides that:

• the accused may apply for discharge within 60 days from the date of commitment of the case under Section 232;
• the Judge considers the record of the case and documents submitted with it;
• the Judge hears the submissions of both the accused and the prosecution;
• if there is not sufficient ground for proceeding against the accused, the Judge shall discharge the accused; and
• the Judge must record reasons for the discharge.

Object and Purpose

The main objectives of Section 250 are:

• To protect an accused from facing an unnecessary criminal trial.
• To prevent cases from proceeding where the available material does not provide sufficient grounds.
• To enable the Court to examine the prosecution material at the pre-trial stage.
• To ensure judicial application of mind before charges are framed.
• To save judicial time and prevent unnecessary proceedings.

Application for Discharge

60-Day Period

The accused may prefer an application for discharge within 60 days from the date of commitment of the case under Section 232.

This is an important procedural change under the BNSS.

The corresponding provision under the CrPC did not contain this specific 60-day period for filing the discharge application.

Consideration by the Judge

After receiving the discharge application, the Judge considers:

• the record of the case;
• the documents submitted with the record;
• the submissions made by the accused; and
• the submissions made by the prosecution.

The Judge then determines whether there is sufficient ground for proceeding against the accused.

When Can the Accused Be Discharged?

The accused shall be discharged when the Judge concludes that there is not sufficient ground for proceeding against the accused.

In simple terms:

No sufficient ground to proceed → Discharge

If sufficient grounds exist for proceeding, the matter moves towards the next stage, namely framing of charge under Section 251.

Reasons Must Be Recorded

When the Judge discharges the accused, the Judge must record reasons for doing so.

This requirement promotes:

• transparency;
• judicial accountability;
• proper application of judicial mind; and
• meaningful consideration of the discharge order.

Discharge vs Acquittal

Discharge and acquittal are not the same.

Discharge

• Takes place at the pre-trial stage.
• Occurs before the case proceeds to a full trial.
• The Court finds insufficient ground to proceed against the accused.

Acquittal

• Generally occurs after the Court has considered the prosecution case and trial proceedings.
• The accused is found not guilty.

Therefore:

Discharge → No sufficient ground to proceed

Acquittal → Accused found not guilty after adjudication

Example

Suppose A is committed to the Court of Session for an offence.

A examines the prosecution record and files an application for discharge within the prescribed 60-day period.

After hearing A and the prosecution, the Judge finds that the material on record does not provide sufficient ground for proceeding against A.

The Judge may therefore discharge A and record reasons for the decision.

Relationship with Section 249

Section 249 — Opening Case for Prosecution

The Public Prosecutor opens the prosecution case by describing the charge and stating the evidence proposed to establish guilt.

Section 250 — Discharge

Section 250 provides the accused with an opportunity to seek discharge before the matter proceeds to framing of charge.

Thus:

Section 249 → Opening of prosecution case

Section 250 → Application and decision regarding discharge

Relationship with Section 251

Section 251 deals with framing of charge.

The two provisions represent two possible outcomes after consideration of the prosecution material:

Insufficient ground to proceed → Section 250 → Discharge

Ground for presuming commission of offence → Section 251 → Framing of charge

BNSS and CrPC

Section 250 of the BNSS corresponds to Section 227 of the Code of Criminal Procedure, 1973.

The core principle remains similar, but the BNSS introduces a specific provision allowing the accused to prefer a discharge application within 60 days from the date of commitment of the case.

Common Confusions

Is discharge the same as acquittal?

No.

Discharge occurs before the trial proceeds fully, whereas acquittal follows adjudication of the criminal accusation.

Who can apply for discharge?

The accused may prefer an application for discharge within the prescribed period.

What is the time limit under Section 250?

The accused may prefer the application within 60 days from the date of commitment of the case under Section 232.

Does the Judge automatically discharge the accused if an application is filed?

No.

The Judge must consider the record, documents and submissions of both sides and determine whether there is sufficient ground to proceed.

Must reasons be given for discharge?

Yes.

The Judge must record reasons for discharging the accused.

Topic at a Glance

• BNSS Section: 250
• Subject: Discharge
• Applicable stage: Before framing of charge in a Sessions trial
• Who may apply: Accused
• Time limit: 60 days from commitment under Section 232
• Considered by: Judge
• Material considered: Record of the case and documents submitted with it
• Hearing: Accused and prosecution
• Test: Whether there is sufficient ground for proceeding
• Result: Discharge if sufficient ground is absent
• Safeguard: Reasons must be recorded
• Related provision: Section 251
• Corresponding CrPC provision: Section 227

Quick Revision

• Section 250 deals with discharge of an accused in a Sessions trial.
• The accused may apply for discharge within 60 days from commitment under Section 232.
• The Judge considers the record and documents and hears both sides.
• If there is not sufficient ground for proceeding, the accused shall be discharged.
• The Judge must record reasons for discharge.
• If sufficient grounds exist, the case proceeds towards framing of charge under Section 251.
• Discharge is different from acquittal.
• Section 250 BNSS corresponds to Section 227 CrPC.
• The 60-day application period is a notable BNSS change.

ASLO READ: Section 249 – Opening case for prosecution

Conclusion

Section 250 of the BNSS provides an important safeguard against unnecessary criminal trials. It allows the accused to seek discharge within 60 days of commitment and requires the Sessions Judge to examine the record and hear both sides. Where there is not sufficient ground to proceed against the accused, the Judge must discharge the accused and record reasons for the decision.