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CrPC · Chapter XVIII · Trial before a Court of Session

CrPC section 227 in the BNSS

CrPC 227BNSS 250

CrPC section 227, “Discharge”, is now BNSS section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 227 to BNSS 250

Now BNSS section 250. The accused may apply for discharge within sixty days of the case’s committal to the Court of Session (new sub-section (1)); the rule on discharge is otherwise the same.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 227 Discharge

If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 250 Discharge

(1) 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.

(2) If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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