Discharge and Acquittal

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Hriday Shah
Published On: 07/07/2023
Volume: 9
Issue: 3
First Page: 269
Last Page: 278
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Hriday Shah, Discharge and Acquittal, Volume 9 Issue 3, Journal of Legal Studies & Research, 269-278, Published on 07/07/2023, Available at https://jlsr.thelawbrigade.com/article/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.

Keywords: Discharge, Acquittal, CrPC

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