Discharge -- Application after expiry of 60 days as provided under Section 250(1) BNSS Is Procedural-- Delay can be condoned
The 60-day period under Section 250(1) BNSS for filing a discharge application after committal is procedural in nature. It regulates the exercise of the right but does not extinguish it. Where delay is not attributable to the accused and sufficient cause is shown, judicial discretion to condone delay remains available. Further, committal proceedings being administrative and not adjudicatory, procedural irregularities do not vitiate them absent demonstrated prejudice.
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