Discharge and Acquittal

The Criminal Procedure Law, 1973 outlines the legal requirements for an accused person’s release or acquittal in a criminal proceeding. Acquittal is release of the accused’s innocence in the offence charged against them, whereas discharge refers to the release of an accused without a formal finding of guilt or innocence. This paper’s research aims were to identify the justifications for an accused person’s discharge, to examine the circumstances surrounding an accused person’s acquittal, and to review both classic and contemporary examples on these subjects. Discharge under warrant cases initiated by police report, discharge in a sessions trial, and discharge under complaint cases, and under summons cases are covered along with acquittal by judge, magistrate and absence of complainant. Landmark cases have been discussed and a recent case of acquittal has been discussed as well.