Distinguish between Acquittal and Discharge [U.P.C.J. 1991, HR 2011 UPHJS 20012, DJS, 1989]

As per Section 227, 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 on 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 evaluating the evidence given by the prosecution, the judge considers that there is no evidence that the accused has committed the offence; the judge acquits the accused person under Section 232.

Distinction between Acquittal and Discharge

(1) A discharge takes place where there is no prima facie case made out against the accused and he has not been put on his defence, nor any charge framed against him to which he could plead. But after the accused has been called upon to enter on his defence or a charge has been framed against him on a prima facie case having been made out by the prosecution, the accused can either be convicted or acquitted but not discharge.

(2) A man who is discharged may again be charged with the same offence if other testimony should be discovered (Section 437) but a man who has been acquitted cannot be put on his trial again for the offence of which he has been acquitted. (Section 403)

(3) An order to discharge is not judgment, but order of an acquittal is in the nature of a judgment.

(4) An order of acquittal is judgment which is always final whereas order of discharge leaves the matter indefinite for all purposes of judicial inquiry.

(5) A discharge is a defence against fresh proceedings only if fresh fact, and better evidence are not available against the accused. An acquittal by a court of competent jurisdiction bars a retrial for the same offence based on the same facts even if fresh facts and better evidence is discovered, or On the same facts for any other offence for which a different charge from the one made against him might have been made under Section 221(1) or for which he might have been convicted under Section 221(2), CrPC.

(6) A discharge take place before formal framing of the charges and before the accused is called upon to enter into his defence. An order of acquittal is passed only when charges have been framed and the accused has been tried on the charges so framed and he has been called upon to enter into his defence and has disproved the prosecution story.

(7) Discharge does not establish the innocence of the accused but it only means that no prima facie case could be made out to justify further inquiry in respect of the accusations. An order of acquittal establishes the innocent the accused as it is a sentence of not guilty. It amounts to absolution of the party charged with an offence. It is recorded only after judgment. A person once acquitted cannot be tried for the same offence (Section 300).