Discharge And Acquittal Distinctions
I. Basic Definitions
| Term | Meaning |
|---|---|
| Discharge | It is an order passed before framing of charge, where the court decides no sufficient ground exists to proceed against the accused. The accused is thus not put on trial. |
| Acquittal | It is a judgment passed after trial, where the accused is found not guilty of the charges and is hence freed from the accusation. |
II. Legal Provisions
| Concept | Relevant Sections and Stage |
|---|---|
| Discharge | Sections 227 (Magistrate), 239 (Sessions Court) — Before framing charge |
| Acquittal | Sections 232 (Sessions Court), 246(1) (Magistrate) — After trial |
III. Key Differences
| Aspect | Discharge | Acquittal |
|---|---|---|
| When passed | Before framing of charge | After full trial and consideration of evidence |
| Purpose | To prevent unnecessary trial if no prima facie case | To declare accused not guilty after trial |
| Stage | Preliminary stage | Final stage |
| Effect | Case against accused does not proceed | Accused is acquitted of the charges |
| Appeal | Generally appealable, as it stops trial | Appeal allowed by prosecution if acquittal is by trial court |
IV. Important Case Laws
1. State of Uttar Pradesh v. Rajesh Gautam (2003) 5 SCC 425
Facts:
The court examined the scope of discharge and acquittal and the differences between them.
Held:
The Supreme Court explained that discharge is a preliminary order to screen out baseless cases.
Acquittal, however, comes after trial and involves full consideration of evidence.
Emphasized that discharge protects accused from unfounded prosecutions but does not amount to a finding of innocence.
Quote:
"Discharge is an order passed before framing of charge, whereas acquittal is a judgment passed after trial."
2. Bhagwan Das v. State of Madhya Pradesh, AIR 1954 SC 549
Facts:
The accused was discharged but later the Supreme Court considered principles related to acquittal and discharge.
Held:
Discharge means the case against accused does not proceed to trial, but it is not a declaration of innocence.
Acquittal is a formal finding of not guilty after trial.
3. Ramesh Kumari v. State (NCT of Delhi), (2006) 2 SCC 677
Facts:
The case involved a charge of sexual assault where the trial court discharged the accused.
Held:
The Supreme Court reiterated that discharge is an interlocutory order and can be reviewed on appeal or revision.
An acquittal is a final judgment and can only be challenged through appeal or revision.
4. Babu Singh v. State of Haryana (1977) 4 SCC 671
Facts:
The court dealt with the principles relating to discharge and its appealability.
Held:
Discharge can be challenged by the prosecution by way of appeal or revision, but an acquittal, once passed, enjoys finality unless challenged in appeal.
Discharge does not bar a fresh complaint or investigation if new evidence emerges.
5. Harishankar Kewalchand Jain v. State of Maharashtra AIR 1966 SC 1642
Facts:
The Supreme Court examined the difference between discharge and acquittal when an accused is set free due to lack of evidence.
Held:
The court held that discharge is not a bar to trial on fresh evidence.
Acquittal is a final verdict, and the accused is free unless acquittal is set aside by higher courts.
6. Manohar Lal Sharma v. State (NCT of Delhi) (2019) 9 SCC 538
Facts:
Dealt with procedural aspects regarding discharge and subsequent trial.
Held:
Emphasized the importance of discharge as a safeguard against frivolous prosecution.
Distinguished clearly between discharge (not a final order on guilt or innocence) and acquittal (final judgment).
V. Summary Table of Case Law Principles
| Case | Principle Established |
|---|---|
| Rajesh Gautam | Discharge = preliminary; Acquittal = after full trial |
| Bhagwan Das | Discharge ≠ Declaration of innocence |
| Ramesh Kumari | Discharge is interlocutory; acquittal is final judgment |
| Babu Singh | Discharge appealable; acquittal final unless challenged |
| Harishankar Jain | Discharge no bar to fresh trial; acquittal is final |
| Manohar Lal Sharma | Discharge protects accused from frivolous prosecution |
VI. Illustrative Differences
| Feature | Discharge | Acquittal |
|---|---|---|
| Order by Court | Before trial, when no sufficient ground | After trial, when accused is found not guilty |
| Effect on accused | Case does not proceed to trial | Accused declared not guilty and released |
| Evidence Considered | Only prima facie evidence examined | Entire evidence heard and evaluated |
| Appealability | Can be challenged by prosecution | Can be challenged by prosecution |
| Finality | Not final, can be reopened on new evidence | Generally final, unless appellate court sets aside |
VII. Conclusion
Discharge is a protective step to weed out weak cases early, sparing the accused the trauma of trial where no case is made out.
Acquittal follows a full trial and serves as a definitive declaration of innocence.
Both are crucial but serve very different legal functions in criminal jurisprudence.
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