Discharge in a Sessions Trial Under the BNSS (Section 250): CrPC 227 Mapping (2026)
What discharge means under Section 250 of the BNSS in a sessions trial, the new 60-day window to apply, how it maps to Section 227 of the old CrPC, and how it differs from warrant-case discharge. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
Discharge is a release before trial because there is not enough to proceed. Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs discharge in a trial before a Court of Session, and it replaced Section 227 of the old Code of Criminal Procedure, 1973 (CrPC). The BNSS adds a new 60-day window, measured from commitment, to apply for discharge. It carries no punishment, because discharge is an acquittal-like release, not a conviction. Last verified October 2026.
- What it is: Section 250 of the BNSS is discharge in a sessions trial, when there is not sufficient ground to proceed.
- Old section: it replaces Section 227 of the CrPC (not Section 262).
- New window: apply for discharge within 60 days of commitment of the case.
- Warrant-case discharge: is a different provision, Section 262 (old Section 239), with a 60-day window from supply of documents.
- Research and tracking: Claw searches 30 crore+ judgments and tracks matters across 9,102 courts, benches and forums.
01Why sessions discharge matters
Serious cases are committed to a Court of Session for trial. But commitment does not mean the case is strong. The record may not make out an offence at all. A full sessions trial then costs years, and the strain of a pending serious charge is heavy even when the end result is an acquittal.
Discharge is the early exit. Before any charge is framed, the Judge reads the record and hears both sides, and asks a simple question: is there sufficient ground to proceed. If there is not, the accused is discharged and the matter ends there.
People searching "bnss 250", "section 227 crpc in bnss", or "discharge in sessions bnss" are looking for this provision and the new 60-day window.
02What Section 250 covers
Section 250 lets a Sessions Judge discharge an accused when, after considering the record and the documents and hearing both sides, the Judge finds there is not sufficient ground to proceed against the accused. The Judge records reasons for the discharge. The test is the same prima facie review used for decades under the old law, with no mini-trial at this stage.
The BNSS adds a clear timeline. The accused may file an application for discharge within 60 days from the date of commitment of the case to the Court of Session. This fixed window is new, and it pushes the discharge stage to happen early rather than years into the case.
A procedure provision, not an offence
Section 250 does not create a crime and has no punishment. Labels like cognizable or bailable attach to the offence charged, not to this section. Discharge is closer to a release than to a sentence.
03Section 227 CrPC to Section 250 BNSS
Section 250 of the BNSS replaces Section 227 of the CrPC. Section 227 was the discharge provision for a trial before a Court of Session. The core test, not sufficient ground to proceed, is carried over. What is new is the 60-day application window, measured from commitment.
| Old law (CrPC, 1973) | New law (BNSS, 2023) | Subject |
|---|---|---|
| Section 227 | Section 250 | Discharge in a trial before a Court of Session |
| Section 228 | Section 251 | Framing of charge in a sessions trial |
Discharge and framing are the two sides of the same stage. If the case is groundless, the Judge discharges under Section 250. If there is sufficient ground, the Judge frames a charge under Section 251 (old Section 228). See framing of charge under BNSS Section 251.
04Section 250 is not the warrant-case discharge
This distinction matters in practice, so it is worth stating plainly. There are two discharge provisions under the BNSS, and they apply to different kinds of trials.
- Section 250 applies to a trial before a Court of Session. This is the successor to Section 227 of the CrPC. Application window: 60 days from commitment.
- Section 262 applies to a warrant case tried by a Magistrate on a police report. This is the successor to Section 239 of the CrPC. Application window: 60 days from supply of documents.
Many searches use the old Section 227 for sessions discharge. Its successor is Section 250, not Section 262. Confirm the correct limb before you file. See discharge under BNSS Section 262 for the warrant-case route, and BNSS vs CrPC key changes for a plain comparison.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A discharge application lives or dies on precedent and on timing, and the 60-day window from commitment leaves no room to lose track of the case. Claw helps with both. You can search more than 30 crore judgments by section, party or advocate and get results in under five seconds, which brings up sessions discharge orders on facts like yours. You can then follow the cases, orders and hearings on your matter across 9,102 courts, benches and forums, so the discharge window and the next hearing stay in sight. See case search across Indian courts.
Open a free Claw account to search these orders and track a sessions matter by party or advocate name. Claw does not use customer case documents to train its AI models. Claw is a research and tracking tool. It does not file the discharge application or replace legal advice.
06Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of Section 250 and Section 262 and take advice from counsel before you file.
07Frequently asked questions
What is Section 250 of the BNSS?
Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows a Sessions Judge to discharge an accused before trial when there is not sufficient ground to proceed. The accused can apply for discharge within 60 days of the case being committed to the Court of Session.
Which old section does Section 250 BNSS replace?
It replaces Section 227 of the Code of Criminal Procedure, 1973, which governed discharge in a trial before a Court of Session. The companion framing-of-charge provision is Section 251, which replaced Section 228 of the CrPC.
What is the time limit to apply for discharge in a sessions trial?
Section 250 gives a 60-day window, measured from the date of commitment of the case to the Court of Session. The old Section 227 had no fixed time, so this timeline is new under the BNSS.
Is Section 250 the same as the warrant-case discharge?
No. Section 250 is for a trial before a Court of Session and replaced Section 227. Discharge in a warrant case tried by a Magistrate on a police report is under Section 262, which replaced Section 239. The two apply to different trials.
Does discharge mean acquittal?
Discharge is a release before any charge is framed, because the case is not strong enough to proceed. It is not a conviction and carries no punishment. It is similar in effect to an acquittal, but it happens at an earlier stage, before the trial proper begins.
Can I track a discharge application in Claw?
Yes. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, which helps you keep the 60-day window and the hearing dates in sight. You can also search more than 30 crore judgments for discharge orders on similar facts, with results in under five seconds. Claw does not file the application or give legal advice.