Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 262

BNSS 262: earlier CrPC 239

Section 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 239 of the Code of Criminal Procedure, 1973. BNSS 262 deals with when accused shall be discharged. The NCRB table marks it as changed. Compare the wording below. 262(1) is new. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024.

Bharatiya Nagarik Suraksha Sanhita

BNSS 262 was CrPC 239.

When accused shall be discharged. · The NCRB table marks it as changed. Compare the wording below. 262(1) is new.

Modified
97% of the old wording kept
Old · CrPC 1973 · Ch. XIX
s. 239
When accused shall be discharged
If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused 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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. XX
s. 262(2)of section 262
When accused shall be discharged.
(2) 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.
Text from India Code

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