Discharge of an Accused Under the BNSS (Section 262): CrPC 227 Mapping (2026)
What discharge means under Section 262 of the BNSS, the new 60-day window to apply, how it maps to Section 239 of the old CrPC, and how it differs from discharge in a sessions trial. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
Discharge is a release before trial because the charge is groundless. Section 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs discharge in a warrant case instituted on a police report, and it replaced Section 239 of the old Code of Criminal Procedure, 1973 (CrPC). The BNSS adds a new 60-day window to apply for discharge. It carries no punishment, because discharge is an acquittal-like release, not a conviction. Last verified October 2026.
- What it is: Section 262 of the BNSS is discharge in a warrant case on a police report, when the charge is groundless.
- Old section: it replaces Section 239 of the CrPC (not Section 227).
- New window: apply for discharge within 60 days of supply of documents.
- Sessions discharge: is a different provision, Section 250 (old Section 227), with a 60-day window from commitment.
- Research and tracking: Claw searches 30 crore+ judgments and tracks matters across 9,102 courts and forums.
01Why discharge matters
A person can be sent to trial on a police report even when the material does not make out a case. A full trial then costs years and money, and the strain of a pending criminal case is heavy even when the end result is an acquittal.
Discharge is the early exit. Before any charge is framed, the court looks at the police report and the documents and asks a simple question: is there a real case here at all. If the charge is groundless, the accused is discharged and the matter ends there.
Section 262 of the BNSS is the discharge provision for a warrant case started on a police report. People searching "bnss 262" or "discharge application bnss" are looking for it.
02What Section 262 covers
Section 262 lets a Magistrate discharge an accused in a warrant case instituted on a police report when the charge is groundless. In plain terms, the Magistrate considers the police report and the documents sent with it, examines the accused if needed, and hears both sides. If the Magistrate finds the charge groundless, the accused is discharged and the reasons are recorded.
The BNSS adds a clear timeline. The accused may file an application for discharge within 60 days from the date the copies of the police report and documents are supplied. This fixed window is new and is meant to push the discharge stage to happen early, not years into the case.
A procedure provision, not an offence
Section 262 does not create a crime and has no punishment. It is about ending a weak case early. So the labels of cognizable, bailable, or triable by a particular court attach to the offence charged, not to this section. Discharge is closer to a release than to a sentence.
03Section 239 CrPC to Section 262 BNSS
Section 262 of the BNSS replaces Section 239 of the CrPC. Section 239 was the discharge provision for warrant cases instituted on a police report. The core test, a groundless charge, is carried over. What is new is the 60-day application window.
| Old law (CrPC, 1973) | New law (BNSS, 2023) | Subject |
|---|---|---|
| Section 239 | Section 262 | Discharge in a warrant case on a police report |
| Section 227 | Section 250 | Discharge in a trial before a Court of Session |
Note the common drafting error here. Some sources loosely map Section 262 to the old Section 227, but Section 227 was the sessions discharge, and its successor is Section 250, not Section 262. Confirm the exact text and the correct limb before you file.
04Section 262 is not the sessions discharge
This distinction matters in practice, so it is worth stating plainly. There are two discharge provisions under the BNSS, and they apply to different kinds of trials.
- Section 262 applies to a warrant case tried by a Magistrate on a police report. This is the successor to Section 239 of the CrPC. Application window: 60 days from supply of documents.
- Section 250 applies to a trial before a Court of Session. This is the successor to Section 227 of the CrPC. Application window: 60 days from the date of commitment of the case.
So if your matter is a sessions trial, the discharge provision is Section 250, even though many searches use the old Section 227. If your matter is a Magistrate warrant trial on a police report, Section 262 is the right provision. Both now carry a 60-day window, which is the headline change in either forum.
05What changed from the old law
The substance of the test did not change. A groundless charge still leads to discharge. The real change is the timeline. Under the CrPC there was no fixed period to seek discharge, and applications were often filed late. The BNSS now fixes a 60-day window, measured from supply of documents in a warrant case, and from commitment in a sessions case.
This is part of the BNSS push for faster trials. For a plain comparison of these procedural shifts, see BNSS vs CrPC key changes. Discharge usually turns on the contents of the police report, so see charge sheet under BNSS Section 193 for what that report must contain.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A discharge application lives or dies on precedent and on timing, and the 60-day window leaves no room to lose track of the case. Claw helps with both. You can search 30 crore+ judgments by section, party, or advocate, with results in under 5 seconds, to find discharge orders on facts like yours. You can then track cases, orders and hearings across 9,102 courts and forums, with automatic updates, cause lists, and WhatsApp and email alerts, so the discharge stage and the hearing dates are not missed. See case search across Indian courts.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not use customer case documents to train AI models. Claw is a research and tracking tool. It does not draft or file the discharge application, and it does not replace legal advice.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of Section 262 and Section 250 and take advice from counsel before you file.
08Frequently asked questions
What is Section 262 of the BNSS?
Section 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows a Magistrate to discharge an accused in a warrant case instituted on a police report when the charge is found to be groundless. The accused can apply for discharge within 60 days of being supplied the documents.
Which old section does Section 262 BNSS replace?
It replaces Section 239 of the Code of Criminal Procedure, 1973, which governed discharge in warrant cases on a police report. It does not replace Section 227; that was the sessions discharge, now Section 250 of the BNSS.
Is Section 262 the same as the sessions discharge?
No. Section 262 is for a warrant case tried by a Magistrate on a police report. Discharge in a trial before a Court of Session is under Section 250 of the BNSS, which replaced Section 227 of the CrPC. The two apply to different trials.
What is the time limit to apply for discharge under the BNSS?
In a warrant case under Section 262, the accused may apply within 60 days from the date the copies of the police report and documents are supplied. In a sessions trial under Section 250, the window is 60 days from the date of commitment.
Does discharge mean acquittal?
Discharge is a release before any charge is framed, because the case is groundless. It is not a conviction and carries no punishment. It is similar in effect to an acquittal, but it happens at an earlier stage, before the trial proper begins.
Can I track a discharge application in Claw?
Yes. Claw tracks cases, orders and hearings across 9,102 courts and forums with automatic updates and alerts, which helps with the 60-day window. You can also search 30 crore+ judgments for discharge orders on similar facts. Claw does not file the application or give legal advice.