Kerala HC: Accused prosecuted before Sessions or Special court can file discharge application within sixty days from the date of supply of copies of documents.

 But the crucial aspect is lack of clarity or legislative vacuum with regard to the starting point of sixty days to file discharge petition as per Section 250(1) of BNSS, in sessions cases where no committal is possible. In this connection, it is apropos to refer Section 262(2) of BNSS, deals with discharge of an accused in warrant trial cases which is pari materia to Section 239 of Cr.P.C. Section 262(1) is a new provision equivalent to Section 250(1) of BNSS. As per Section 262(1) of BNSS, the accused in a warrant trial case may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under Section 230.

Be it so, in sessions cases where committal doesn't arise,

because of the original jurisdiction conferred upon the Special

Courts referred herein above, the principle in Section 262(1) of

BNSS can be followed till the legislature makes the starting

point in such cases with clarity and certainty, by appropriate

amendment to Section 250(1) of BNSS. Thus in such cases, the

starting point of sixty days can be counted from the date of

supply of copies of documents. {Para 10}

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.REV.PET NO. 879 OF 2024

SAJITH Vs  STATE OF KERALA

 Coram:  MR. JUSTICE A. BADHARUDEEN

Citation: 2024:KER:67663

Dated: 3rd day of September, 2024.

Read full Judgment here: Click here. 

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