Difference Between Discharge and Acquittal


By- Ritika Saxena Legal Research Intern at kaalecoatwale.com


The Code of Criminal Procedure was enacted in 1973 and came into force on April 1, 1974 to consolidate and amend the law relating to the criminal procedure. It helps in providing the accused a fair trial in accordance with principle of natural justice. IPC and CrPC works hand in hand as IPC provides us with a list of all substantive crimes and lays down punishment for each one of them whereas CrPC provides with the binding procedures that must be followed during administration of a criminal trial. Discharge and Acquittal are the two remedies provided to the accused in order to ensure that he must not be punished for any offence which he is not guilty of.



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The term “Discharge” is defined as - if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.If, after hearing the prosecution and the accused, the judge of the Court is of the opinion that there is no sufficient ground for proceeding against accused; the accused can be discharged by the Court.