BNSS Section 262 - When accused shall be discharged.
Description of BNSS Section 262 - When accused shall be discharged.
- (a) The accused may prefer an application for discharge within a period of sixty days from the date of framing of charges.
- (b) If, upon considering the police report and the documents sent with it under section 293 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.
| Offence | Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for:– (a) in case of intentional omission or sufferance; (b) in case of negligent omission or sufferance. |
| Punishment | Imprisonment for 3 years, or fine, or both. Simple imprisonment for 2 years, or fine, or both. |
| Cognizance | Non-cognizable Non-cognizable |
| Bail | Bailable Bailable |
| Triable | Magistrate of the first class. Any Magistrate. |