Indian criminal procedure | Updated 18 October 2026

Section 239 CrPC: When Accused Shall Be Discharged

Section 239 of the Code of Criminal Procedure, 1973 governs discharge of an accused in a warrant case instituted on a police report. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 262.

Current-law position: The BNSS came into force on 1 July 2024. For proceedings pending before commencement, the savings provision in Section 531 BNSS must be considered; the old CrPC can remain applicable to saved proceedings.

Section 239 CrPC - Original statutory provision

Heading: 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.

This provision applies to warrant cases instituted on a police report, not indiscriminately to every criminal proceeding. It requires consideration of the police report and accompanying documents, an opportunity of hearing to both sides, and recorded reasons if the accused is discharged.

Section 262 BNSS - Current corresponding law

Section 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled When accused shall be discharged. It contains two subsections:

Section 262(1): 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.

Section 262(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.

Meaning of the referenced provisions

Section 230 BNSS: Supply to the accused of copies of the police report and other specified documents; corresponds broadly to Section 207 CrPC.
Section 193 BNSS: Report of police officer on completion of investigation; corresponds broadly to Section 173 CrPC.
Section 261 BNSS: Compliance with Section 230 at commencement of a warrant case on a police report; corresponds to Section 238 CrPC.
Section 263 BNSS: Framing of charge where the statutory threshold is met; corresponds to Section 240 CrPC.

How discharge proceedings work

Supply of documents: The accused receives the relevant copies under Section 230 BNSS.
Discharge application: Section 262(1) allows the accused to apply within sixty days from supply of those copies.
Review of case materials: The Magistrate considers the police report and accompanying documents forwarded under Section 193 BNSS.
Examination and hearing: The Magistrate may examine the accused, including through audio-video electronic means, and must hear both prosecution and accused.
Reasoned order: If the charge is groundless, the Magistrate shall discharge the accused and record reasons. Otherwise the matter may proceed to consideration of charge under Section 263.

When is a charge considered groundless?

The discharge stage is a preliminary judicial assessment of the prosecution material, not a full trial. The court examines whether the material discloses a legally sustainable basis to proceed against the accused. Mere denial of allegations is not, by itself, a ground for discharge. The court does not ordinarily decide disputed witness credibility through a full evidentiary inquiry at this stage.

Relevant arguments may concern absence of essential ingredients of the alleged offence, failure of the prosecution material to connect the accused to the offence, or an applicable legal bar. The assessment depends on the record, the alleged offences, and binding judicial precedent.

Discharge versus acquittal

Discharge ends proceedings against an accused at the pre-charge stage under the applicable procedure because the statutory basis to proceed is absent. Acquittal is a different judicial determination governed by the applicable trial provisions. Their procedural consequences and remedies should not be treated as identical.

Frequently asked questions

What is the equivalent of Section 239 CrPC in BNSS?

Section 262 BNSS is the corresponding provision for discharge in warrant cases instituted on a police report.

What is the time limit to file a discharge application under BNSS?

Section 262(1) provides sixty days from the date on which copies of documents are supplied under Section 230 BNSS.

Can a Magistrate examine an accused by video?

Yes. Section 262(2) expressly permits examination of the accused through audio-video electronic means where the Magistrate considers examination necessary.

Does Section 262 BNSS apply to all old criminal cases?

Not automatically. Section 531 BNSS contains repeal and savings provisions. The applicable procedural law must be determined from the commencement date and status of the proceeding.

Official legislation and further reading

This article is general legal information. The applicable statute and judicial decisions should be checked for the facts and procedural stage of a particular case.