discharge
In criminal procedure, discharge takes place at the stage of framing charge. The court considers the record and documents and hears both sides; if it finds no sufficient ground for proceeding, it discharges the accused and records its reasons. The provisions are s.250 BNSS (old s.227 CrPC) for sessions cases and s.262 BNSS (old s.239 CrPC) for warrant cases instituted on a police report.
At this stage the court sifts the material to see whether there is a strong suspicion of the offence; it does not weigh the evidence as at trial. Discharge differs from acquittal, which follows a trial: a discharged person can be proceeded against again on fresh material, while an acquittal attracts the bar of double jeopardy. In contract law, “discharge” means the ending of contractual obligations.
Example
Since the chargesheet disclosed no material connecting him to the crime, the accused was entitled to discharge under s.250 BNSS.
In Indian law
- Section 250 BNSS (old s.227 CrPC): discharge in sessions cases
- Section 262 BNSS (old s.239 CrPC): discharge in warrant cases on police report
See also
double jeopardy · default bail
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