CrPC Section 242
Section 242 CrPC — Discharge
🔹 What does Section 242 say?
“When it appears to the Court that there is not sufficient ground for proceeding against the accused, it shall discharge the accused.”
Explanation:
This section deals with the power of the Magistrate to discharge an accused after the charge-sheet or complaint is filed but before the trial formally begins.
The court looks at the evidence submitted (police report, documents, witness statements, etc.) and decides whether there is a prima facie (on the face of it) case against the accused.
If the court feels there is not enough evidence or grounds to proceed, the accused can be discharged, meaning the case against them is closed at this stage.
Context / When is Section 242 invoked?
After the police investigation, the police submit a charge-sheet or after a private complaint, the court examines the case.
The accused is then called upon to enter a formal trial.
But before the trial starts, the court can decide:
Is there enough evidence to go ahead?
If no, the accused is discharged.
If yes, the trial proceeds.
Discharge vs Acquittal:
Discharge (Section 242):
Happens before trial begins.
The accused is not declared innocent or guilty.
Case is dismissed for lack of evidence to proceed.
It is a kind of preliminary screening.
The complainant or prosecution may try to appeal or file a fresh complaint if new evidence appears.
Acquittal (Section 245 or after trial):
Happens after trial or evidence.
The accused is declared not guilty.
Purpose of Section 242:
To protect the accused from unnecessary, frivolous, or vexatious prosecutions.
To prevent courts from wasting time on cases where evidence is clearly insufficient.
To ensure only cases with prima facie evidence proceed to trial.
Procedure Under Section 242:
After charge-sheet submission or complaint, the magistrate examines the materials on record.
If there is no prima facie case, the magistrate passes an order of discharge.
The discharge order is a final order at this stage.
If the magistrate finds a prima facie case, the accused is required to appear and the trial proceeds.
Example:
Suppose the police charge-sheet against A states that A committed theft.
The court looks at the charge-sheet and finds that there is no concrete evidence linking A to the crime.
The court can discharge A under Section 242, stopping the case from proceeding.
Important Notes:
Discharge does not prevent the complainant or prosecution from filing a fresh complaint or charge-sheet if new evidence is found.
The accused can apply for discharge any time before the trial.
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