DIFFERENCE BETWEEN ACQUITTAL AND DISCHARGE

As per Section 239, if, upon considering the POLICE REPORT and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary

INTRODUCTION

Discharge can be done before the charges are framed whereas Acquittal can be done only when the trial concludes.

SESSION TRIAL:

DISCHARGE:

As per Section 227, if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

ACQUITTAL:

If after evaluating the evidence given by the prosecution, the judge considers that there is no evidence that the accused has committed the offence, the judge acquits the Accused person under Section 232.

However, if the offender is not acquitted under Section 232, he is permitted to give his defence and evidence. After hearing the arguments of both the parties, the court may acquit of convict the person under Section 233.

TRIAL OF WARRANT CASES BY MAGISTRATE

DISCHARGE:

As per Section 239, if, upon considering the POLICE REPORT and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

In the case of Tapati Bag v. Patipaban Ghosh, 1993 Cr.L.J 3932 (cal), it was held that if the Court believes there are not sufficient grounds for proceeding against the accused, the accused must be discharged; however, if the Court believes, after such consideration, that there is reason to believe the accused has committed an offence exclusively triable by the Court of Session, the charge against the accused must be framed. The accused is put on trial after the charges are laid, and he is either acquitted or convicted, but he cannot be discharged. There is no recourse for the accused to be discharged under Section 227 of the code once charges are filed under Section 228.

ACQUITTAL:

As per Section 248, if, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal. Discharge does not mean that the accused has not committed the offence, It just means that there is not enough evidence to proceed with the trial. Most importantly, if any evidence is gathered later on, the accused may be tried again.

Acquittal means that the accused has been held innocent and the accused cannot be tried again for the same offence once he has been acquitted.

In Mallikarjun Kodagali v. State of Karnataka (2018), the court held that Section 372 of the Criminal Procedure Code, which deals with appeals from acquittal judgments, should be interpreted in a “realistic, liberal, progressive” way to help the victim. He also cited a United Nations General Assembly decision that stated that in addition to the state, the victim has the right to file an appeal against the accused’s acquittal.