Section 250: Discharge
Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes a well-identified procedure to discharge an accused in criminal cases. This section is very crucial for providing clear and structured framework in filing applications for discharge which, in turn, ensures that the judicial process becomes efficient and accountable.
The accused has the right to file an application for discharge within 60 days from the date of commitment under Section 232 of the BNSS. The judge shall dispose off the discharge application submitted when he has personally gone through the case records and all relevant documents, and heard the arguments from both sides relating to the application for discharge.
If the judge finds that no cause is shown for continuing with the case, he is obliged to acquit the accused. In such cases, the discharge by the judge must be accompanied by written reasons for his action. Such a step will ensure transparency and judicial accountability in the process.
Section 250 wording, including the use of "may" in the provision, indicates that the prescribed time limit of 60 days is directory rather than mandatory. In that case, the courts are empowered to entertain applications filed after the 60-day period provided they have a justification for the delay. This means that the discretion has to be granted in exceptional circumstances to maintain the structure and the general timeliness of the discharge process.
