Code of Criminal Procedure
CrPC 239 is now BNSS 262(2).
When accused shall be discharged · BNSS 262(1) is new, with no CrPC counterpart.
Carried over
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