When accused shall be discharged
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Summary
An accused can apply for discharge within sixty days after receiving copies of the prosecution documents. The Magistrate will consider the police report and the accompanying documents, may examine the accused in person or by audio video if needed, and after hearing both the prosecution and the accused, discharge the accused if the charge is groundless. The Magistrate must record reasons for the discharge.
Example
Priya is accused of taking goods from a shop. After the police file their report and she receives copies of the documents, she applies for discharge within sixty days. The Magistrate examines her by audio video, hears the prosecution and the accused, finds the charge groundless and discharges her, recording the reasons.
Bare Act
Enacted text(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.
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