When can an accused be discharged?
If, upon due consideration of the police report and all the documents sent under Section 173 along with examination of the accused, if any, as Magistrate thinks obligatory and after hearing prosecution as well as accused, the Magistrate considers the charge to be groundless against the accused, he shall discharge the …
What is difference between acquittal and discharge?
Acquittal means legally freeing the accused, when he is found innocent by the court, after considering all the facts and evidence submitted in this regard. Discharge means a legal order of release given by the magistrate when the grounds on which he/she is arrested came out as false or unsubstantiated.
What is discharge petition in India?
Discharge application is the remedy provided to the person who has been charged maliciously. If the false allegations have been made against him, he can file an application for discharge. He is entitled to acquittal if the evidence provided to the court is not sufficient to prove the offence.
What are the reasons for discharge at the close of the state case?
In other words where the court considers that there is no evidence that the accused committed the offence it has no discretion but to acquit him. Further, the court shall discharge the accused at the close of the state case if: There is no evidence to prove an essential element of the offence.
What is the effect of the discharge of an accused?
5. What are the effects of the discharge? Evidence in support of the discharge shall automatically form part of the trial (unless the court denies the motion to discharge). The discharge is equivalent to an acquittal, unless the witness fails or refuses to testify later on.
Can accused be discharged in summons case?
The trial of summons case is dealt under Chapter XX of the Criminal Procedure Code, 1973 (hereinafter “CrPC”). There is no special section which exclusively provides for discharge of an accused in summons triable cases.
What does it mean to be discharged in court?
A discharge is a type of sentence imposed by a court whereby no punishment is imposed. An absolute discharge is an unconditional discharge whereby the court finds that a crime has technically been committed but that any punishment of the defendant would be inappropriate and the case is closed.
Can a sessions judge discharge the accused?
Discharge order can be given only by a trial court and in respect of the offences exclusively triable by a court of session, the court of the Judicial Magistrate is not the trial Court.
Can accused be discharged in 138 case?
6. The offence under Section 138 of Negotiable Instruments Act is punishable with imprisonment, which may extend to two years or with fine or with both and it is a summons-case. The petitions seeking for discharge of the accused were filed under Sections 245 and 203 Cr.
Can discharge application be filed in summons cases?
So, merely non-mentioning of the word “discharge” under Section 251 CrPC will not mean that in a summons case the accused cannot make any discharge. These words of Justice Cardozo finds its meaning in Arvind Kejriwal v. Amit Sibal[19].
Can the state appeal a section 174 discharge?
Although an appeal on factual findings by the state is not permitted, a trial court’s misdirection on facts is appealable. More significantly, the jury system was abolished some decades ago. 63 However, this does not necessarily mean that the section 174 application procedure is now superfluous and without value.
What is the scope of Section 227 of the CrPC?
The Court, based on such presentation by the prosecution can either discharge the accused under Section 227 of CrPC or frame charges against the accused, which shall set the trial in motion, under Section 228 of the CrPC. This article shall discuss the scope of Section 227.
Is discharge of accused under Section 227 of CrPC tantamount to acquittal?
In the case of P Viswanathan Vs, A.K Burman, the Hon’ble Calcutta High Court held that the discharge of an accused under Section 227 of CrPC, is not tantamount to the acquittal of an accused.
What is the meaning of Section 227 of IPC?
Discharge: As defined under Section 227, if the Judge considers that there is no sufficient ground for proceeding against the accused, upon hearing the submissions of the prosecution and the accused in the behalf and consideration of the record of the case along with the documents submitted therewith, he shall discharge the accused and record hi…
Can a magistrate discharge an accused under Section 245 (1) CrPC?
If there is no convincing material on record against the accused, then the Magistrate shall proceed to discharge the accused under Section 245 (1) CrPC. Section 245 (2) CrPC empowers the Magistrate to discharge the accused at any precedent stage of the case which means even before such evidence is led.