acquittal

An acquittal is the judgment at the end of a trial that the prosecution has failed to prove guilt beyond reasonable doubt. It is different from a discharge, which happens before the charge is framed because there is no sufficient ground to proceed; a discharged person can be proceeded against again, an acquitted person generally cannot.

Acquittal strengthens the presumption of innocence, so an appellate court will reverse it only for compelling reasons, such as a perverse or impossible view of the evidence. The State may appeal against acquittal, and a victim has a right of appeal too. An acquittal on merits bars a second trial for the same offence.

Example

Since the sole eyewitness turned hostile and the recovery was doubtful, the Sessions Court recorded an acquittal, and the High Court declined to interfere in the State's appeal.

In Indian law

• Section 419, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.378 CrPC): appeal in case of acquittal
• Section 337, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.300 CrPC): person once acquitted not to be tried again

See also

discharge · conviction · autrefois acquit · beyond reasonable doubt

Read more in the study notes

• Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
• Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
• Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)
• Framing of charge and joinder of charges (Bharatiya Nagarik Suraksha Sanhita)
• Trial before a Court of Session (Bharatiya Nagarik Suraksha Sanhita)
• Trial of warrant-cases and summons-cases by Magistrates, and summary trials (Bharatiya Nagarik Suraksha Sanhita)