Difference Between Discharge and Acquittal

Understanding the difference between discharge and acquittal is fundamental in criminal law. These two concepts, though seemingly similar, have distinct legal meanings and implications.

Definition of Discharge and Acquittal

Acquittal

An acquittal is a legal judgment that confirms the innocence of the accused. It is granted when the court concludes that the accused did not commit the crime they were charged with and the prosecution fails to prove their case beyond a reasonable doubt. This legal determination signifies that the evidence presented by the prosecution was insufficient to establish guilt.

• Section 232 of the Criminal Procedure Code (CrPC): Under this section, if the judge, after evaluating the evidence presented by the prosecution, concludes that there is no evidence suggesting that the accused committed the crime, the judge will acquit the accused.
• Section 233 of the Criminal Procedure Code (CrPC): If the judge does not acquit the accused under Section 232, the accused is then allowed to present their case and evidence. After considering both the prosecution and defence arguments, the court may acquit or convict the accused under this section.
• Section 248 of the Criminal Procedure Code (CrPC): According to this section, if the Magistrate finds the accused not guilty in any case where a charge has been framed, he shall record an order of acquittal.

Discharge

A discharge occurs when a judge determines that there are insufficient grounds to proceed with the trial. This decision is based on a preliminary review of the case file, documents and any preliminary arguments. A discharge does not equate to innocence but rather indicates that the evidence is insufficient to support a full trial.

• Section 227 of the Criminal Procedure Code (CrPC): If the judge, after reviewing the case file and documents submitted in connection with the case, believes there are insufficient grounds for proceeding against the accused, the accused shall be discharged.
• Section 239 of the Criminal Procedure Code (CrPC): If the Magistrate considers the charge against the accused to be groundless after considering the police report and documents and hearing both parties, he shall discharge the accused and record his reasons for doing so.

It is important to note that discharge does not imply that the accused did not commit the crime. It merely signifies that there is not enough evidence to continue the trial at that point. New evidence can lead to a new trial for the accused.

Key Differences Between Discharge and Acquittal

Stage of Proceedings

• Discharge occurs at a preliminary stage before the trial begins. It is based on the initial assessment of evidence and documents submitted by the prosecution.
• Acquittal happens after the trial has commenced and the evidence has been fully presented and evaluated by the court.

Nature of Decision

• Acquittal is a formal judgment based on the merits of the case and the evidence presented during the trial.
• Discharge is a procedural decision made to terminate proceedings due to lack of prima facie evidence or other legal reasons.

Basis of Decision

• Discharge is based on insufficient evidence to proceed with the trial. It is a determination made without a full trial.
• Acquittal is based on a thorough examination of all evidence during the trial. It confirms that the prosecution has not proven the accused’s guilt beyond a reasonable doubt.

Legal Implications

• The discharge does not exonerate the accused from the charges. It merely halts the proceedings due to lack of evidence. The accused can be re-arrested and tried if new evidence surfaces.
• Acquittal exonerates the accused from the charges. Once acquitted, the accused cannot be retried for the same offence under the principle of double jeopardy.

Judge’s Role

• In discharge, the judge reviews the initial evidence and decides whether it is sufficient to frame charges and proceed with the trial.
• In acquittal, the judge evaluates all the evidence presented during the trial and decides whether the accused is guilty or not.

Recording of Reasons

• In discharge, the judge must record the reasons for discharging the accused, explaining why the evidence was deemed insufficient.
• In acquittal, the judge also records reasons for acquittal, detailing why the prosecution’s evidence failed to prove the case beyond a reasonable doubt.

Opportunity for Defence

• In discharge, the defence may not have a full opportunity to present their case as the decision is made at a preliminary stage.
• In acquittal, the defence has a full opportunity to present their case, cross-examine witnesses and provide evidence.

Timing

• Discharge can occur before framing charges.
• Acquittal can only happen after charges have been framed and a full trial has taken place.

Proceedings

• Acquittal requires a full trial and a verdict based on evaluating all evidence presented.
• Discharge occurs at a preliminary stage, halting proceedings due to lack of prima facie evidence.

Order of Judgment

• Acquittal is in the nature of a judgment.
• An order of discharge is not included in the judgment.

Nature of Release

• The acquittal formally declares the accused not guilty.
• Discharge is a process that releases the accused from a criminal case without a formal declaration of innocence.

Verdict vs. Mandate

• Acquittal is a verdict in a criminal case signifying not guilty.
• Discharge is a mandate indicating inadequate evidence for the case to proceed.

Impact on Future Prosecution

• A person who has been acquitted cannot be prosecuted for the same offence again.
• A discharged individual may face re-arrest and further questioning if new evidence is found.

Judicial Authority

• Acquittal is ordered only by a court after a full trial.
• Discharge can be ordered by both a court and an investigating police officer after completing the investigation.

Here’s a table showing the difference between discharge and acquittal:

Legal Provisions Dealing with Discharge and Acquittal

Section 227 CrPC – Discharge

According to Section 227 of the CrPC, a judge can discharge the accused if, after considering the case file, documents and hearing the submissions of both parties, there are insufficient grounds to proceed against the accused. This section empowers the judge to halt proceedings if the prosecution’s case lacks merit from the outset.

Section 239 CrPC – Discharge by Magistrate

Section 239 of the CrPC provides similar provisions for Magistrates. If the Magistrate, after reviewing the police report, documents and hearing both parties, finds the charges groundless, the accused shall be discharged. The Magistrate must record reasons for this decision, highlighting the lack of sufficient evidence.

Section 232 CrPC – Acquittal

Section 232 of the CrPC states that if, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the judge considers that there is no evidence that the accused committed the offence, the judge shall record an order of acquittal.

Section 233 CrPC – Defence Evidence

If the judge does not acquit the accused under Section 232, the accused can present their defence and evidence. The judge then considers both sides’ arguments before deciding on acquittal or conviction under Section 233.

Section 248 CrPC – Acquittal by Magistrate

Section 248 of the CrPC allows a Magistrate to record an order of acquittal if, after hearing the evidence and arguments, the Magistrate finds the accused not guilty.

Conclusion

The concepts of discharge and acquittal are pivotal in the criminal justice system, each serving distinct purposes at different stages of legal proceedings.

A discharge occurs at a preliminary stage, halting proceedings due to insufficient evidence without determining the accused’s guilt or innocence. An acquittal, on the other hand, follows a comprehensive trial and legally confirms the accused’s innocence due to the prosecution’s failure to prove their case beyond a reasonable doubt.