Section 250 of BNSS : Section 250: Discharge.

Explanation using Example

Example 1:

Ravi is accused of theft and his case is committed to the Court of Session on January 1, 2023. Ravi believes that the evidence against him is weak and decides to file an application for discharge. He submits his application on February 15, 2023, which is within the 60-day period allowed under Section 250 of The Bharatiya Nagarik Suraksha Sanhita 2023.

The Judge reviews the case records and documents submitted by both the prosecution and the defense. After hearing the arguments from both sides, the Judge finds that the evidence is insufficient to proceed with the trial. Consequently, the Judge discharges Ravi and records the reasons for this decision, stating that the prosecution failed to provide enough evidence to establish a prima facie case of theft against Ravi.

Example 2:

Priya is charged with fraud and her case is committed to the Court of Session on March 10, 2023. Priya's lawyer files an application for discharge on April 20, 2023, within the 60-day window provided by Section 250 of The Bharatiya Nagarik Suraksha Sanhita 2023.

The Judge examines the case file, including all documents and evidence presented by both the prosecution and the defense. During the hearing, Priya's lawyer argues that the evidence is circumstantial and does not directly link Priya to the alleged fraud. The prosecution, however, insists that there is enough evidence to proceed to trial.

After careful consideration, the Judge concludes that the evidence is not strong enough to justify a trial. The Judge discharges Priya and documents the reasons for this decision, noting that the prosecution's evidence was largely speculative and did not meet the required legal standard to proceed with the case.