Seeking Discharge or Facing Charges? Deadlines Under Section 250-263 BNSS vs Section 227-240 CrPC

An accused person in India facing a Sessions-triable offence, or a warrant case on a police report before a Magistrate, can apply for discharge within sixty days of commitment or document supply under Sections 250 and 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the court must then frame charge within sixty days of the first hearing under Sections 251 and 263 — deadlines that Sections 227, 228, 239 and 240 of the CrPC never contained.

The situation

An accused has appeared before a court after a police report has been filed. Two questions now matter to them: can the case be stopped at this stage by applying for discharge, and if not, when will the court decide the charge against them. Under the CrPC, both of these depended on when the court got around to it. Under the BNSS, both now run on statutory clocks.

Old law vs new law at a glance

What the law requires now, step by step

Step 1 — Two tracks, depending on how the offence is triable

The BNSS keeps the CrPC's structural split. A case exclusively triable by the Court of Session goes through Sections 250-251 BNSS (the discharge/charge-framing pair for Sessions trials). A warrant case instituted on a police report and triable by a Magistrate goes through Sections 262-263 BNSS. Each track has its own discharge provision and its own charge-framing provision, mirroring the old split between Section 227/228 and Section 239/240 CrPC.

Step 2 — Document supply starts the clock

Section 230 BNSS states that the Magistrate must furnish the police report and connected documents "without delay, and in no case beyond fourteen days from the date of production or appearance of the accused" — to the accused and, where represented by an advocate, to the victim, with electronic supply expressly permitted. Section 207 CrPC used only "without delay," fixed no outer limit, and made no mention of the victim receiving copies. This step matters because the warrant-case discharge deadline in Section 262(1) runs from this document supply.

Step 3 — Commitment to the Court of Session (Sessions track only)

For an offence exclusively triable by the Court of Session, Section 232 BNSS requires the Magistrate to commit the case after complying with Section 230 or 231. Its first proviso states:

"the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing."

Section 209 CrPC set out the same committal mechanics without any equivalent deadline.

Step 4 — Filing the discharge application

For the Sessions track, Section 250(1) BNSS states:

"The accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under section 232."

For the warrant-case track, Section 262(1) BNSS states:

"The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under section 230."

Neither Section 227 nor Section 239 CrPC gave the accused an express, timed application right in these terms — both simply described what the court does when it considers the record.

Step 5 — What the court considers

On the Sessions track, Section 250(2) BNSS discharges the accused if, after considering the record and documents and hearing both sides, the Judge finds "not sufficient ground for proceeding against the accused" — the same words as Section 227 CrPC. On the warrant-case track, Section 262(2) BNSS discharges the accused if the Magistrate, after considering the police report, documents and any examination of the accused, finds the charge "groundless" — the same words as Section 239 CrPC. Section 262(2) adds that the examination of the accused at this stage may be done "either physically or through audio-video electronic means," which Section 239 CrPC did not provide for.

Step 6 — Framing the charge, on a deadline

If the case is not discharged, Section 251(1)(b) BNSS requires that, where the offence is exclusively triable by the Court of Session, the Judge "shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge." Section 263(1) BNSS imposes the identical sixty-day deadline on a Magistrate framing charge in a warrant case. Sections 228(1)(b) and 240(1) CrPC required charge to be framed in writing but set no time limit at all.

Step 7 — Charge read, plea taken

Once charge is framed, Section 251(2) BNSS requires it to be read and explained to the accused — "present either physically or through audio-video electronic means" — who is then asked to plead guilty or claim trial. Section 263(2) BNSS requires the same reading and plea for the warrant-case track, but its text does not repeat the audio-video language found in Section 251(2). Sections 228(2) and 240(2) CrPC required the same reading and plea, without any electronic-mode option.

What changed — and what did not

• New provision: A sixty-day window for the accused to apply for discharge, on both tracks — Section 250(1) and Section 262(1) BNSS. The CrPC gave the court a discharge power; it did not give the accused an express, timed application.
• New provision: A sixty-day deadline for the court to frame charge, on both tracks — Section 251(1)(b) and Section 263(1) BNSS. Sections 228 and 240 CrPC set no deadline.
• New provision / expanded: A fourteen-day deadline for document supply, extended for the first time to the victim (where represented by an advocate) and permitting electronic supply — Section 230 BNSS, against Section 207 CrPC's undated, accused-only "without delay."
• New provision: A ninety-day deadline (extendable "for a period not exceeding one hundred and eighty days" for recorded reasons) for completing the committal of a Sessions-triable case — the proviso to Section 232 BNSS, with no equivalent in Section 209 CrPC.
• Identical: The substantive test for discharge on both tracks — "not sufficient ground for proceeding" (Sessions) and "groundless" (warrant case) — carried over word for word from Sections 227 and 239 CrPC.
• Identical: The substantive test for framing charge — "ground for presuming that the accused has committed an offence" — carried over from Sections 228 and 240 CrPC.
• New provision: The option to examine the accused, or to read and explain a Sessions-track charge, through audio-video electronic means — Section 262(2) and Section 251(2) BNSS respectively, absent from Sections 239 and 228 CrPC. Section 263(2) BNSS, on the warrant-case charge-reading step, does not carry the same audio-video language on the text read.

Which law applies to your case

Section 531(2)(a) BNSS provides that an appeal, application, trial, inquiry or investigation pending immediately before the BNSS came into force (1 July 2024) is to be disposed of, continued, held or made in accordance with the CrPC as in force immediately before that commencement, as if the BNSS had not come into force — so for such a pending proceeding the CrPC's discharge and charge-framing provisions, rather than Sections 250-263 BNSS, may govern. The full transition rule is set out in Which Law Applies to an Offence Before 1 July 2024. This article does not restate that rule beyond the reference.

Practical checklist

For the accused:

• Note the date documents were supplied under Section 230 (warrant case) or the date of commitment under Section 232 (Sessions case) — this is when the sixty-day discharge-application clock starts.
• File the discharge application within that sixty-day window; the sections read do not state what happens if the window is missed, so do not assume the right survives indefinitely.
• If represented, confirm the victim was also served documents where entitled under Section 230, since that can affect the record the court relies on.

For the advocate:

• Calendar both deadlines separately for each track — the discharge-application deadline (Section 250(1)/262(1)) and the charge-framing deadline (Section 251(1)(b)/263(1)) run from different trigger events and must not be conflated.
• Where the case is on the warrant-case track, check whether the Magistrate's examination of the accused before discharge was conducted physically or via audio-video electronic means under Section 262(2), and confirm the record reflects which.
• If the committal proceedings under Section 232 have run past ninety days, check the file for the Magistrate's written reasons extending the period, since the proviso caps the extension at one hundred eighty days.

Frequently asked questions

Is there a deadline to apply for discharge under the new law?

Yes. Section 250(1) BNSS gives the accused sixty days from the date of commitment of the case to the Court of Session under Section 232 to prefer an application for discharge, in a case triable exclusively by that Court. Section 262(1) BNSS gives a separate sixty-day window, running from the date of supply of documents under Section 230, in a warrant case tried by a Magistrate on a police report. The CrPC's Sections 227 and 239 described what the court does on a discharge point but did not set a timed application right for the accused.

By when must the court frame charges under BNSS?

Section 251(1)(b) BNSS requires the Judge, in a case triable exclusively by the Court of Session, to frame the charge in writing within sixty days from the date of first hearing on charge. Section 263(1) BNSS sets the same sixty-day deadline for a Magistrate framing charge in a warrant case on a police report. Neither Section 228 nor Section 240 CrPC contained a charge-framing deadline.

What is the test for discharge, and did it change?

No, the test itself is the same words carried forward. Section 250(2) BNSS discharges the accused if there is "not sufficient ground for proceeding" — identical to Section 227 CrPC. Section 262(2) BNSS discharges the accused if the charge is "groundless" — identical to Section 239 CrPC. What changed is not the test; it is the timed application right and the deadlines around it.

How soon must the accused get copies of the police report and other documents?

Section 230 BNSS requires the Magistrate to furnish the police report, FIR, witness statements and other listed documents within fourteen days of the accused's production or appearance, to the accused and to the victim if represented by an advocate, and permits supply in electronic form. Section 207 CrPC required supply "without delay" with no fixed deadline and did not mention the victim.

Is there a deadline for the Magistrate to commit a Sessions-triable case to the Court of Session?

Yes. The proviso to Section 232 BNSS requires the committal proceedings to be completed within ninety days from the date of taking cognizance, and the proviso lets the Magistrate extend that period "for a period not exceeding one hundred and eighty days" for reasons recorded in writing. Section 209 CrPC, which governed commitment, contained no such deadline.

Can the accused be examined through video during the discharge stage?

In a warrant case tried by a Magistrate, yes — Section 262(2) BNSS allows the Magistrate's examination of the accused before the discharge decision to be done "either physically or through audio-video electronic means." The corresponding CrPC provision, Section 239, made no mention of any electronic mode.

Related on Veritect

• Mandatory Timelines for Investigation and Trial — BNSS New Provisions
• Chargesheet: CrPC 173 vs BNSS 193
• Which Law Applies to an Offence Before 1 July 2024
• When a Case Can Be Tried Summarily: BNSS 283 vs CrPC 260
• Witness or Accused by Video Conferencing: BNSS vs CrPC
• CrPC to BNSS: Complete Section Mapping
• Sections 227 and 239 CrPC vs Sections 250 and 262 BNSS — Discharge
• Section 207 CrPC vs Section 230 BNSS — Supply of Police Report and Documents to the Accused (CrPC 207-208)
• Sections 206–209 CrPC vs Sections 229–232 BNSS — Special Summons in Petty Offences and Commitment to the Court of Session
• Sections 225–237 CrPC vs Sections 248–260 BNSS — Trial Before a Court of Session
• Sections 238–250 CrPC vs Sections 261–273 BNSS — Trial of Warrant-Cases by Magistrates

Statutory sources

• Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 230, Section 232, Section 250, Section 251, Section 262, Section 263 (read from BNSS_2023.md; cross-checked against the Gazette text CG-DL-E-25122023-250884)
• Code of Criminal Procedure, 1973 — Section 207, Section 209, Section 227, Section 228, Section 239, Section 240 (read from CrPC_1973.md)

This guide explains the statutory text of the BNS, BNSS and BSA as enacted. It is not legal advice; for a specific case, consult an advocate.