Application for discharge (s.250/262 BNSS)
The accused asks to be discharged before charges are framed, within 60 days of the commitment or of getting the copies.
Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.
iPhone and iPad: coming to the App Store · Android: coming to Google Play
Not yet reviewed by a lawyer. Check every line before it is signed.
How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Judicial Magistrate First Class, Amarnagar
Criminal Case No. 1402 of 2026
Versus
APPLICATION ON BEHALF OF THE ACCUSED UNDER SECTION 262 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR DISCHARGE
Respectfully Showeth:
1.That the applicant is an accused in the above case, which arises out of FIR No. 64 dated 05-06-2026 under Sections 318(4) and 316(2) BNS, P.S. City Amarnagar. Copies of the police report and the other documents were supplied to the applicant under Section 230 of the Sanhita on 28-09-2026, and this application is made within sixty days of that date, as Section 262(1) of the Sanhita provides.
2.That at this stage this Hon'ble Court is to consider the record of the case and the documents sent with it, and to hear the accused and the prosecution; if the charge is groundless, the accused is to be discharged.
3.That even if the whole case of the prosecution is accepted as it stands, no offence is made out against the applicant, for these reasons:
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- The copies of the police report (challan) and documents received from the court
- The order or zimni showing the date the copies were given, or the date of commitment to the Sessions Court
- A copy of the FIR
Where to go
Filed through the advocate in the trial court (the Magistrate or the Sessions Court), before the charges are framed.
Fee
Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts.
Good to know
- File it within 60 days of getting the copies (warrant case) or of the commitment (sessions case).
- Keep attending every date unless the court exempts you.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee and welfare stamps, where needed, are affixed as the court office directs.