Code:
(1) The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under section 230.
(2) If, upon considering the police report and the documents sent with it under section 193 and making such examination, if any, of the accused, either physically or through audio-video electronic means, 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
Explanation:
This section deals with the right of an accused person to apply for discharge from the charges framed against them. It allows an accused to seek a discharge within 60 days of the framing of charges if they believe the charges are groundless.
Subsection (1) states that the accused person can file an application for discharge within 60 days of the charges being framed.
Subsection (2) outlines the procedure for the Magistrate to consider the application. The Magistrate must examine the police report, documents sent under Section 293, and conduct any necessary examination of the accused. After hearing both the prosecution and the accused, if the Magistrate finds the charge to be groundless, they must discharge the accused and record their reasons for doing so.
Illustration:
Imagine a case where a person is accused of theft. However, the prosecution’s evidence is weak and lacks concrete proof. The accused can file an application for discharge under Section 262 within 60 days of the charges being framed. The Magistrate, after considering all the evidence and hearing both sides, may find the charge groundless and discharge the accused.
Common Questions and Answers:
Q: Can the accused apply for discharge after 60 days?
- A: No, the application for discharge must be filed within 60 days of the charges being framed.
Q: What happens if the Magistrate finds the charge to be not groundless?
- A: If the Magistrate finds the charge not to be groundless, they will reject the application for discharge, and the trial will continue.
Q: Can the prosecution appeal against the Magistrate’s decision to discharge the accused?
- A: Yes, the prosecution can appeal against the Magistrate’s decision to discharge the accused. The appeal must be filed within the prescribed time limit.
