CrPC Section 339
CrPC Section 339 – Cases in which accused may be discharged
Text of Section 339:
“If, upon consideration of the report of the police or other information laid before it, the Court considers that there is not sufficient ground for proceeding against the accused, it may discharge the accused.”
Explanation in Detail:
Purpose of Section 339:
This section gives the court the authority to discharge an accused at an early stage if it appears that there is no sufficient evidence or ground to proceed against the accused. The main aim is to prevent unnecessary trials and protect individuals from being wrongly dragged into the criminal justice system.
Application Stage:
Section 339 generally applies after the investigation is complete and the police report (or charge-sheet) has been submitted to the magistrate. The magistrate examines whether the evidence collected by the police justifies proceeding with the trial.
When Can the Court Discharge the Accused?
The court may discharge the accused if it finds:
There is no sufficient ground to proceed against the accused.
The evidence is insufficient or lacks credibility.
The allegation is frivolous, false, or baseless.
Difference Between Discharge and Acquittal:
Discharge: Happens before the trial starts (or before framing charges). It is a preliminary dismissal because there is no prima facie case.
Acquittal: Happens after trial, when the court finds the accused not guilty based on evidence presented during the trial.
Procedure under Section 339:
Police investigation is completed, and the report (charge-sheet) is submitted.
Court examines the report and any accompanying evidence.
If the court finds that proceeding would be unjust or unnecessary, it discharges the accused.
This is usually done in a written order, and the accused is set free at this stage.
Scope of “Sufficient Ground”:
The term “sufficient ground” is crucial.
It means enough evidence that, if believed, could lead to conviction.
The court only looks at whether there is prima facie case. It does not weigh evidence fully; that is the trial’s job.
Relation with Other Sections:
Section 340 deals with “cognizance of offences against public justice,” which is more specific.
Section 341–342 deal with appearance and bail after taking cognizance.
Section 173 CrPC deals with the police report (charge-sheet) submission, which is the step before Section 339 discharge consideration.
Key Points to Remember:
Discharge is preliminary, before charges are formally framed.
It is done to save time and protect innocent persons from unnecessary trial.
Court’s decision is based on prima facie evidence, not a detailed examination.
If discharged, the accused may still be tried later if new evidence emerges.
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