Section 262 of BNSS : Section 262: When accused shall be discharged.

Explanation using Example

Example 1:

Scenario: Rajesh is accused of theft based on a police report.

Details:

• Rajesh is provided with copies of the police report and other documents on January 1, 2023, under section 230.
• Rajesh believes that the charges against him are baseless and decides to file an application for discharge on February 15, 2023, which is within the 60-day period allowed by Section 262(1).

Process:

• The Magistrate reviews the police report and the accompanying documents as per Section 193.
• The Magistrate also conducts an examination of Rajesh through a video call to understand his side of the story.
• Both the prosecution and Rajesh are given an opportunity to present their arguments.

Outcome:

• After considering all the evidence and hearing both sides, the Magistrate finds that there is no substantial ground to proceed with the charges against Rajesh.
• The Magistrate discharges Rajesh and records the reasons for this decision, stating that the evidence provided does not support the allegations of theft.

Example 2:

Scenario: Priya is accused of fraud based on a police report.

Details:

• Priya receives copies of the police report and related documents on March 1, 2023, under section 230.
• Priya files an application for discharge on April 20, 2023, within the 60-day period specified in Section 262(1).

Process:

• The Magistrate examines the police report and the documents submitted under Section 193.
• The Magistrate decides to conduct a physical examination of Priya to ask her specific questions about the case.
• Both the prosecution and Priya are given a chance to present their arguments during a hearing.

Outcome:

• After reviewing the evidence and hearing both sides, the Magistrate concludes that the charges of fraud against Priya are unfounded.
• The Magistrate discharges Priya and records the reasons for this decision, noting that the evidence does not establish any fraudulent activity on her part.