Made under: BNSS s.250 / s.262 (CrPC s.227 / s.239)

Application for discharge — s.250 / s.262 BNSS (s.227 / s.239 CrPC)

Fill in the blanks

Everything you type here stays in your own browser. Nothing is sent anywhere, nothing is saved, and we never see it. Close the page and it is gone — so print before you close it.

Leave a field empty and a blank line is printed in its place, to be filled in by hand. Printing the empty form and carrying it with you is a perfectly good use of this page.

Name of the court (for the heading)

For example: Chief Judicial Magistrate; Sessions Judge; Additional Principal Judge, Family Court.

District

Case / complaint number

Name of the accused (in custody, or fearing arrest)

FIR number

Date of the FIR

Name of the police station

Sections written in the FIR

Exactly as written — '318(4), 61(2) BNS'.

Date of the order, reply or documents

The date the period for the appeal or application runs from.

Grounds

One ground per line, numbered. State facts, not adjectives.

Place (where you sign this)

Today's date

The document

In the Court of the Learned ________________, ________________

Case No. ________________
State v. ________________
FIR No. ________________ dated ________________, Police Station ________________; Sections: ________________

APPLICATION FOR DISCHARGE ON BEHALF OF THE ACCUSED

Made under: Section 250 (Court of Session — within 60 days of committal) or Section 262 (warrant case before a Magistrate — within 60 days of the supply of documents) of the Bharatiya Nagarik Suraksha Sanhita, 2023 [Section 227 / 239 of the Code of Criminal Procedure, 1973].

The accused respectfully submits:

1. The police report and the documents with it were supplied to the accused on ________________. This application is made within 60 days of that date.

2. Even taking the material on record at its face value, there is no sufficient ground for proceeding against the accused, because:
________________

3. At the stage of framing charge the Court considers whether a prima facie case is made out; where the material gives rise to suspicion but not grave suspicion, the accused is entitled to be discharged (Union of India v. Prafulla Kumar Samal, (1979) 3 SCC 4).

PRAYER: It is prayed that the accused be discharged in this case.

Accused / through counsel
________________
Place: ________________
Date: ________________

What to attach

The charge-sheet and every document supplied with it (s.230 / s.231).
Proof of the date of supply or committal — the 60 days run from it.
Against each ground, cite the charge-sheet page or witness statement.

Legal Drafts