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    Topic-Discharge and Acquittal Name - Shivangi Choudhary. Batch - 2019-24 Division - E. Program - Ba - Llb. PRN - 19010223109

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    1. Discharge under Section 227 of the CrPC allows a sessions court to discharge an accused if there is insufficient evidence to proceed with the trial after considering records and reports. An order of discharge can be challenged under Section 397. 2. Acquittal under Section 232 occurs if the judge finds no substantial grounds to convict the accused of the charged crime after examining the accused. The records must show that both parties were heard and proper procedures were followed. 3. Discharge and acquittal differ in that a discharged person can be rearrested for the same case, while an acquitted person faces double jeopardy protections and cannot be rearrested. Discharge is temporary and administrative while acquittal is a

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    Topic-Discharge and Acquittal Name - Shivangi Choudhary. Batch - 2019-24 Division - E. Program - Ba - Llb. PRN - 19010223109

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    1. Discharge under Section 227 of the CrPC allows a sessions court to discharge an accused if there is insufficient evidence to proceed with the trial after considering records and reports. An order of discharge can be challenged under Section 397. 2. Acquittal under Section 232 occurs if the judge finds no substantial grounds to convict the accused of the charged crime after examining the accused. The records must show that both parties were heard and proper procedures were followed. 3. Discharge and acquittal differ in that a discharged person can be rearrested for the same case, while an acquitted person faces double jeopardy protections and cannot be rearrested. Discharge is temporary and administrative while acquittal is a

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    LOC III- CrPC

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    1. Discharge under Section 227 of the CrPC allows a sessions court to discharge an accused if there is insufficient evidence to proceed with the trial after considering records and reports. An order of discharge can be challenged under Section 397. 2. Acquittal under Section 232 occurs if the judge finds no substantial grounds to convict the accused of the charged crime after examining the accused. The records must show that both parties were heard and proper procedures were followed. 3. Discharge and acquittal differ in that a discharged person can be rearrested for the same case, while an acquitted person faces double jeopardy protections and cannot be rearrested. Discharge is temporary and administrative while acquittal is a

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    Download as docx, pdf, or txt
    35 views3 pages

    Topic-Discharge and Acquittal Name - Shivangi Choudhary. Batch - 2019-24 Division - E. Program - Ba - Llb. PRN - 19010223109

    Uploaded by

    Shivangi Choudhary
    1. Discharge under Section 227 of the CrPC allows a sessions court to discharge an accused if there is insufficient evidence to proceed with the trial after considering records and reports. An order of discharge can be challenged under Section 397. 2. Acquittal under Section 232 occurs if the judge finds no substantial grounds to convict the accused of the charged crime after examining the accused. The records must show that both parties were heard and proper procedures were followed. 3. Discharge and acquittal differ in that a discharged person can be rearrested for the same case, while an acquitted person faces double jeopardy protections and cannot be rearrested. Discharge is temporary and administrative while acquittal is a

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    TOPIC- DISCHARGE AND ACQUITTAL

    NAME- SHIVANGI CHOUDHARY. BATCH- 2019-24


    DIVISION- E. PROGRAM- BA.LLB. PRN- 19010223109

    INTRODUCTION:
    Under the Criminal Procedure Code, 1973, the Discharge Application is the cure that is conceded
    to the individual who has been malignantly charged. On the off chance that the claims which
    have been made against him are bogus, this Code gives the arrangements to recording a release
    application. On the off chance that the proof given under the watchful eye of the Court isn’t
    adequate to fulfill the offense and without any at first sight argument against him, he is qualified
    for be released. Section 232 of the said code characterizes acquittal and its different
    arrangements that dig into details of requests of absolution. In basic terms, acquittal implies that
    the case has reached a conclusion and the accused isn’t liable for the charges gone ahead
    him/her. There was no significant proof that demonstrated the blamed to be liable for submitting
    an offense, and because of this explanation, he will be cleared.

    RESEARCH QUESTION:
    1. Role of Session’s court and trial of warrant cases by magistrate
    A) Discharge
    In CrPC, under Section 227 when trial is being directed under the
    Court of Session, it can discharge the accused if after consideration
    for the record of the case and reports submitted.
    Therewith, and subsequent to hearing the submission of the accused
    and prosecution for this benefit, the judge thinks about that there are
    not adequate grounds to continue against the accused. The object of
    Section 227 is given in the case of Satish Mehra V. Delhi
    Administration1 which states that the accused should be given an
    opportunity of making submissions as foretold in Section 227 of the
    CrPC, 1973 will enable the court to decide if it is at all necessary to
    proceed with the trial. If the evidences produced by the accused at that
    early stage settles the issue, then the court should admit it without
    brushing it away by saying that such evidence needs to be produced
    only after the proceedings have started. As per Section 227 of the
    1
    (1996) 9 SCC 766
    Code, the judge should ensure that there has left no sufficient ground
    for proceeding against the accused, which means that no reasonable
    man in the eye of law could find any ground sustain the charge against
    the accused. If the Sessions Judge thinks and is sure about the fact that
    the trial would be a futile work and it will waste the precious time of
    the court, he has the full authority to discharge the accused person.
    Hence, Section 227 suggests that even at the time of framing of
    charge or taking of cognizance of the offence, the accused succeeds in
    bringing any evidence that can affect the very sustainability of the
    case, then accused must be allowed to present them.
    If Application of discharge is rejected it can be challenged under
    section 397 of the CrPC as it is evident from explanation 3 of this
    section that any person can file application to high court or sessions
    judge.
    The Hon'ble Apex court in the case of State of MP v S B Johri 2, held
    that it is settled law that at the stage of framing of charges if the court
    has no prima facie evidence to proceed against the accused, court is
    not required to appreciate the evidence and discharge the accused
    without landing on any conclusions.
    Here are the 5 grounds on which the Session Court is bound to
    discharge the accused; 1. Where the evidence against the accused is
    not sufficient. 2. Where the accused is excluded because of a prior
    judgement of the higher court, that is, the high court. 3.Where the
    prosecution is bound by the limitation. 4. When the ground for
    proceeding is not legal. 5. Where no sanction has been obtained.

    B) Acquittal
    Section 232 of CrPC talks about acquittal and says that if at the time
    of examination of the accused, the Judge finds no substantial ground
    to adhere to the prosecution and finds the accused not liable of the
    crime charged, the Judge shall record an order of acquittal.
    Reviewing the procedure followed for section 232 of CrPC Kerala
    High Court in the case of Chandran vs State of Kerala 3 says that
    though it is true that the judge is not bound to give the reason for why

    2
    AIR 2000 SC 665
    3
    2005 (4) KLT 962
    he is not acquitting someone, but the records must show that he heard
    both the parties and the due procedures were followed.
    A discharge under section 227 is not quite the same as the acquittal. The cases
    State of Maharashtra v. B.K. Subba Rao 4 and Tulsa Bai v. Province of Madhya
    Pradesh5 explains the distinction between the two. In the first case mentioned, it
    was decided that after the stage of framing a charge there can be either one of the
    two conclusions to the trial, first being that the accused is sentenced or vindicated,
    and the second that subsequent to framing of charge, if there no proof based on
    which the Court could convict the accused, then, at that time a request for acquittal
    can be passed, and not of discharge. The last case clarified, prior to framing a
    charge, the Court needs not focus on the intricacies of the enquiry. It needs just to
    consider whether an adequate ground exists for procedures against the accused or
    not. In case no ground is discovered, then the accused will be discharged in any
    case charge.
    These cases show a remarkable difference between acquittal and discharge. The
    main point being that a person who is acquitted cannot be arrested for the same
    case but in case of discharge one can be rearrested. Seeing these two landmark
    cases it is clear that an order for acquittal is a judicial order pronounced after a full
    fledged court procedure whereas, a discharge order is on the basis of no prima
    facie evidence, thus it is administrative in nature. The first point mentioned that a
    person cannot be rearrested is proclamation of double jeopardy and thus is a
    permanent decision whereas discharge is just temporary. Trying to get discharged
    is a good strategy to delay the process of proceeding, which can play a vital role in
    a criminal case.

    4
    1993 Cr LJ 2984 (Bom)
    5
    1993 Cr LJ 368 (MP)

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