CrPC § 239 · Code of Criminal Procedure, 1973 · Repealed on 1 July 2024
Section 239 CrPC — When accused shall be discharged
Replaced from 1 July 2024 by BNSS 262(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the CrPC.
The law now: BNSS 262 — When accused shall be discharged
BNSS 262(2) is the part that replaced CrPC 239.
(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.
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNSS 262 in full