CrPC Section 239
Section 239 CrPC – When magistrate may discharge the accused
📜 Text of Section 239 CrPC:
“When, upon consideration of the record of the case and the documents submitted therewith, and after hearing the prosecution, the magistrate considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.”
🔍 Detailed Explanation:
1. Applicability of Section 239
Section 239 applies during the trial before a Magistrate, particularly in cases tried by a Magistrate of the First Class (i.e., a Magistrate empowered to try more serious offences).
It is a pre-trial or preliminary stage provision.
After the Magistrate takes cognizance of the offence and frames charges under Section 238 CrPC, the trial proceeds.
But before the trial proceeds fully, the Magistrate must be satisfied that there is sufficient ground to try the accused.
2. Purpose of Section 239
To protect an accused from being subjected to a trial without adequate basis.
It acts as a filter to weed out cases where the evidence or case is so weak that proceeding would be an abuse of process.
It prevents unnecessary harassment and waste of judicial resources.
3. When can the Magistrate discharge the accused?
The Magistrate may discharge the accused if he is satisfied that there is no sufficient ground for proceeding against the accused.
This conclusion is reached after:
Considering the record of the case, which includes:
The police report (FIR and investigation papers),
The statements of witnesses recorded by the police,
Any other documents submitted,
Hearing the prosecution in court.
4. Meaning of “Sufficient Ground”
It means the existence of some evidence which, if accepted, would justify the trial of the accused.
The test is prima facie — whether there is a reasonable suspicion or a possibility of the accused having committed the offence.
It is not the final proof of guilt (that is for the trial).
5. Procedure
The Magistrate considers the prosecution evidence and materials.
If satisfied, he frames charges and proceeds with the trial.
If not satisfied, the Magistrate discharges the accused.
The Magistrate must record reasons in writing for discharging the accused. This is important for transparency and possible appellate review.
6. Effect of Discharge
When discharged, the accused is released from the case for that offence.
Discharge is not an acquittal.
The case can be reopened if fresh evidence comes to light.
It is a procedural safeguard, not a determination of innocence or guilt.
7. Difference Between Discharge and Acquittal
| Aspect | Discharge (Section 239) | Acquittal (Section 246) |
|---|---|---|
| When given | Before charges are framed or trial begins | After trial has been conducted |
| Effect | Case is dismissed, no trial on merits | Accused is declared not guilty after trial |
| Can case be reopened? | Yes, if new evidence emerges | Generally no, unless in exceptional cases |
| Grounds | No sufficient evidence to proceed | Prosecution failed to prove case beyond reasonable doubt |
8. Judicial Interpretation
Courts have held that Section 239 protects accused from facing unnecessary trial.
The scope of Section 239 is narrow, as the Magistrate should not discharge merely because prosecution evidence is weak.
The Magistrate’s role is limited to a prima facie examination.
⚖️ Summary
| Element | Description |
|---|---|
| Purpose | To prevent baseless trial |
| When applicable | After consideration of case record and prosecution hearing |
| Action | Discharge accused if no sufficient ground to proceed |
| Key condition | Magistrate must record reasons in writing |
| Nature | Preliminary safeguard, not final verdict |
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