DISCHARGE OF THE ACCUSED – In terms of the section 2 of the Code of Criminal Procedure Act “Discharge” with its grammatical variations and cognate expressions means the discontinuance of criminal proceedings against an accused but does not include an acquittal.
What is the purpose of discharge of an accused in court?
In this kind of cases, the Magistrate can discharge the accused well before this stage also. The precise purpose of the provision of discharge is to save the accused from prolonged harassment of a protracted trial when a firm accusation is not sufficiently made out against the accused.
What is the procedure of discharging the accused?
In discharging the accused the judge has to apply his judicial mind and decide whether a sufficient case for trial of the accused has been made out. The recording the reason for the discharge enables the superior court to examine the correctness of the reasons the judge held while not proceeding against the accused.
Can a court discharge an accused before it frames charges?
However, the court can discharge the accused person before it frames the charges against him if no offence is prima facie made out. The Section 227 of the Criminal Procedure Code, 1973 (CrPC) deal with discharge of the accused in a Sessions Case by the Sessions Judge.
Can a magistrate discharge an accused in a warrant case?
Section 239 of Cr.P.C lays down the provision under which a Magistrate may discharge the accused in a ‘ Warrant Case’: The Police report and the documents filed under Section 173 of Cr.P.C. before the Court. Opportunity to be heard must be given to both prosecution and the accused.
What is the difference between discharge and acquitted?
Acquittal is a verdict in the criminal case that the accused is not guilty of the offence. On the other hand, discharge is an order given by the Magistrate that there are not enough grounds to lead the proceedings further against the accused. Discharge of the accused takes place, prior to the framing of charges.
What is the effect of the discharge of an accused?
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.
How do I apply for discharge?
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.
When can 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 does discharge mean in a court case?
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.
What are the 5 types of discharge?
What Do Different Types of Discharge Mean?Thin and clear. "Clear or watery discharge is normal," says Dr. ... Stringy or stretchy. ... Thicker than usual. ... Super heavy. ... Brown or bloody. ... White and clumpy. ... Yellow or green. ... Grayish.More items...•
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. Although in warrant cases discharge word is used but under Chapter XX no such word is used.
What is charge discharge?
Discharge of Charge is a process to redeem the Original Title from the Bank upon the settlement of the housing loan with the financier. This process will take place upon the instruction from the Bank to the Purchaser/Borrower to find their own solicitor in handling the process.
Can accused be discharge 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. Although in warrant cases discharge word is used but under Chapter XX no such word is used.
Can you accused discharge in 138 ni?
As held above, this Court, in its anxiety to cut down delays in the disposal of complaints under Section 138, has applied Section 258 to hold that the Trial Court has the power to discharge the accused even for reasons other than payment of compensation.
What is Section 174 of the CrPC?
174. Police to enquire and report on suicide, etc.
What is the difference between 227 CrPC and 239 CrPC?
Section 227 of the CrPC deals with the power of the Court of Sessions to discharge an accused person, and section 239 of the CrPC deals with the power of the Magistrate to discharge the accused person.
What is the purpose of the Court determining whether there is sufficient ground for proceeding against an accused?
For the purpose of determining whether there is sufficient ground for proceeding against an accused, the Court possesses a comparatively wider discretion to determine the question whether the material on record, if unrebutted is such on which a conviction can be said to be reasonably possible.
What does "sufficient" mean in court?
Here the word ‘ sufficient ’ has the meaning as ‘conclusive’. At this stage, all that the Court is to consider is whether the evidentiary material on record, if generally accepted, would reasonably connect the accused with the crime.
What is the ground for a trial?
The ground may be that the evidence produced is not sufficient for the judge to proceed against the accused or it may be that the Sessions Judge finds that the accused cannot be proceeded with as no sanction has been obtained or that the prosecution is barred by limitation or that he is precluded from holding the trial because of a prior judgment of the High Court.
What is the broad test to be applied to a trial?
The broad test to be applied is whether the materials on record, if unrebutted, make a conviction reasonably possible.
Is there sufficient ground for proceeding against the accused?
It is true that the words “not sufficient ground for proceeding against the accused” appearing in the Section 227 postulate exercise of judicial mind on the part of the judge to the facts of the case in order to determine whether a case for trial has been made out by the prosecution. However, in assessing this fact, the Judge has the power to shift and weigh the material for the limited purpose of finding out whether or not a prima facie case against the accused has been made out.
Who dismissed the complaint and discharged the accused?
The Magistrate accepted these contentions and dismissed the complaint and discharged the accused persons. This order of discharge was upheld by the Sessions Court and was again challenged in High Court where the High Court too upheld the discharge by the Magistrate in the summons case.
What does discharge mean in CRPC?
In simple terms it can be said that discharge means refusing to proceed further after issue of process [1]. However, none of these sections deal with summons case. Here it is made clear that summons case means cases in which the punishment is of maximum two years. [2] Summons case can be tried either by instituting a complainant case by any private person and secondly, by registration of a FIR by the police in which State becomes a party.
What is the process of a complaint case after the process under Sections 200 and 202 is completed?
In complaint cases after the process under Sections 200 and 202 is completed then either the Magistrate issues process under Section 204 CrPC [3] or dismisses the case under Section 203 CrPC [4]. In police case too the court issues process when cognizance is completed. When a notice or summon is given to an accused then in such cases a time is fixed by the court for explanation of substance of accusation under Section 251 CrPC. To understand this section, Section 251 is produced verbatim:
What is the purpose of the explanation of substance of accusation and listening to the defences made by an accused under answer?
The very purpose of explanation of substance of accusation and listening to the defences made by an accused under Section 251 CrPC is to give an opportunity to the accused to say something in his defence. So, the power to discharge at the stage of Section 251 is inherent in the court who has issued summons to the accused either by considering police report or under Section 204 CrPC. In this regard in Badshah v. Urmila Badshah Godse [20] the Supreme Court has laid down:
What is the purpose of the case Kesavananda Bharati Sripadagalvaru v?
pointed out that a word gets its “colour” in the context in which it is used. So, the purpose in which the accused is allowed to make defences under Section 251 CrPC is to empower the Judges to consider such defences and discharge the accused if prima facie case is not made out after considering those defences.
What is the substance of accusation to be stated?
Substance of accusation to be stated.— When in a summons case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge. [5]
Can a summons case be discharged under 251?
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. In the words of Justice Cardozo: “It is true that codes and statutes do not render the Judge superfluous, nor his work perfunctory and mechanical.
Who can take this decision before the accused appears or is brought before the Court?
The Magistrate can take this decision before the accused appears or is brought before the Court or the evidence is led under Section 244 Cr.P.C.
What is the power of the Magistrate in a criminal case?
There, under Sub-section (2), the Magistrate has the power of discharging the accused at any previous stage of the case, i.e., even before such evidence is led. However, for discharging an accused under Section 245 (2) Cr.P.C., the Magistrate has to come to a finding that the charge is groundless.
What happens if the Magistrate is not competent to take cognizance of the case?
Under Section 201 Cr.P.C., if the Magistrate is not competent to take the cognizance of the case, he would return the complaint for presentation to the proper Court or direct the complainant to a proper Court.
What is the purpose of Section 244?
Under Section 244, on the appearance of the accused, the Magistrate proceeds to hear the prosecution and take all such evidence, as may be produced in support of the prosecution . He may, at that stage, even issue summons to any of the witnesses on the application made by the prosecution.
What is the code of criminal procedure?
Under the Code of Criminal Procedure, there are two major classifications of criminal cases, namely, So far as a police case is concerned, it is instituted on a police report under Section 173 Cr.P.C. After supply of copies, under Section 207 Cr.P.C., accused can seek discharge from the case.
Is there a discharge in summons cases?
There is no discharge in summons-cases. Among them, there are further classifications, namely, warrant-case, summons-case, summary-trial case and sessions case. All these type of cases may arise out of police case and also private case. Likewise, in a private-case, there is a provision for discharge of the accused from the case.
Is a charge or discharge different from a police case?
However, in a case instituted upon a private complaint, the procedure for charge or discharge is completely different from a police case.
WHAT ARE THE EFFECTS OF THE DISCHARGE?
1. Evidence in support of the discharge forms part of the trial. But if the court denies the motion to discharge, his sworn statement shall be inadmissible as evidence
What happens if the court denies a motion to discharge?
But if the court denies the motion to discharge, his sworn statement shall be inadmissible as evidence. 2. Discharge of the accused operates as an ACQUITTAL and bar to further prosecution for the same offense, except if he fails or refuses to testify against his co-accused in accordance with his.
What does discharge mean in court?
In simpler terms, it can be said that discharge means refusing to proceed further after issue of process. [1] However, none of these sections deal with the issue of summons case. It has been provided clearly that summons case means cases in which the punishment is of maximum two years is made out. [2]
What does a magistrate feel about allegations?
Magistrate must feel that the allegations are baseless and hold no ground.
What does it mean when a magistrate considers a charge to be groundless?
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 accused and also record the reasons for doing so.
What does the Magistrate do at any previous stage of a trial?
Likewise, at any previous stage of the trial, if there stands a ground for presuming that the accused has committed an offence, the Magistrate must frame the charge accordingly under the provisions of the Code.
How can a summons case be tried?
Summons case can be tried either by instituting a complainant case by any individual, and secondly, by lodging of a FIR by the police in which State becomes a party as such instances are endangering public tranquillity.
What happens if the evidence provided before the Court is not sufficient to satisfy the offence so alleged?
In the event that the evidence so provided before the Court is not sufficient to satisfy the offence so alleged, and in the absence of any prima facie case against him, he is entitled to be discharged.
When the grounds against the accused are found to be baseless, upon the condition that no evidence is present against the accused?
In the instance where the grounds against the accused are found to be baseless, upon the condition that no evidence is present against the accused, the Court shall consider that there is no prima facie case against the accused and must be discharged.
