Criminal

Application for Discharge of Accused under Section 262 BNSS

An application for discharge is a formal request by an accused person to be released from a criminal case before the court frames charges. It argues that the prosecution's material, even if accepted as true, does not establish a prima facie case to proceed with a trial.

This application is filed in the Court of Session or the Magistrate's court after the prosecution supplies documents but before a formal charge is framed. It rests on the principle that a trial should not commence when the record discloses no sufficient ground for proceeding against the applicant.

Draft this in LexPilot — freeHow AI drafting works
Governing law
BNSS 2023 ss.262 / 250 / 268
Sections
s. 262s. 250s. 268
Filed before
Court of Session / Magistrate

When this is the right filing

  • When the charge-sheet, complaint, and accompanying documents, taken at face value, do not disclose a prima facie case or grave suspicion against the accused.
  • When the prosecution record is sought to be challenged for being groundless before the court frames a charge in a Sessions trial or warrant case.
  • When the accused wishes to make written submissions and be heard on the point of charge under Section 262 of the BNSS.
  • Do not use this application if a charge has already been framed; the remedy at that stage is different.
  • Do not use this application in a summons case, as the discharge procedure does not apply.

What the court looks for

  • A clear demonstration that the material in the charge-sheet or complaint, accepted on its face, does not raise a grave suspicion or prima facie case.
  • A structured synopsis and list of dates and events, particularly for matters before the Court of Session or routed through the High Court.
  • Specific grounds arguing the legal and factual insufficiency of the prosecution record, without asserting the merits as proved.
  • A prayer for discharge that correctly cites the governing provision (Section 262, 250, or 268 of the BNSS) based on the trial type.
  • A supporting affidavit and a properly indexed set of annexures referenced in the application.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Synopsis
  2. 2List of dates & events
  3. 3Facts
  4. 4Grounds
  5. 5Prayer
  6. 6Affidavit in support
  7. 7Index / annexures
How it opens
APPLICATION ON BEHALF OF THE ACCUSED FOR DISCHARGE UNDER SECTION [discharge section] OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, ARISING OUT OF FIR No. [fir no]/[fir year], P.S. [police station], DISTRICT [district], REGISTERED UNDER [sections old and new].

Bracketed items are filled from your case.

Frequently asked questions

What is the correct legal provision for filing a discharge application under the new criminal laws?

The governing provision depends on the type of trial. For a Sessions trial, it is Section 262 of the BNSS. For a warrant case instituted on a police report before a Magistrate, it is Section 250 of the BNSS. For a warrant case instituted otherwise than on a police report, it is Section 268 of the BNSS.

Can a discharge application be filed after the court has framed charges?

No. An application for discharge lies only before a charge is framed. Once the court frames a charge, the remedy available to the accused is different and does not include a discharge application under these sections.

What is the standard of proof the court applies when deciding a discharge application?

The court does not evaluate the material as if conducting a trial. The test is whether the record, taken at face value, discloses a prima facie case or grave suspicion against the accused. The application must argue that this threshold is not met, without asserting the merits as definitively proved.

Draft this in LexPilot — free

Free trial · Drafting assistance, not legal advice — always verify before filing.

More criminal formats

All criminal formats →