Under Section 250 of the BNSS 2023, where upon consideration of the record of the case and the documents submitted therewith and after hearing the submission of both sides, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall

Correct option is B

The correct answer to your question is (b) discharge the accused.

Explanation

Section 250 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which corresponds to Section 227 of the old CrPC) provides the legal procedure for Discharge in a trial before a Court of Session.

According to the provision:

1. Consideration of Record: The Judge must examine the case file and documents submitted by the police.
2. Hearing both sides: The Judge must hear arguments from both the prosecution and the accused.
3. The Decision: If, after this preliminary examination, the Judge finds that there is not sufficient ground to even begin a trial against the accused, he is legally bound to discharge the accused. The Judge must also record the reasons for such a discharge in writing.

Information Booster:

• A New Timeline: One of the major updates in the BNSS 2023 compared to the old CrPC is the introduction of a timeline. Under Section 250(1), the accused now has a period of sixty days from the date of commitment of the case to prefer an application for discharge.
• Nature of Discharge: A discharge is a "pre-trial" event. It occurs before the charges are formally framed. It serves as a filter to ensure that people are not subjected to long, harrowing trials when there is no "prima facie" (on the face of it) evidence against them.
• Pari Materia: This section is considered pari materia (on the same subject) to Section 227 of the Code of Criminal Procedure, 1973, meaning the core legal principles remain the same, though the BNSS adds procedural efficiency.