Difference between a discharge and acquittal
Discharge can be done before the charges are framed whereas Acquittal can be done only when
the trial concludes.
SESSION TRIAL
DISCHARGE: 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 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.
ACQUITTAL: 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.
However, if the offender is not acquitted under Section 232, he is permitted to give his defence
and evidence. After hearing the arguments of both the parties, the court may acquit of convict
the person under Section 233.
TRIAL OF WARRANT CASES BY MAGISTRATE
DISCHARGE: As per Section 239, if, upon considering the POLICE REPORT and the
documents sent with it under section 173 and making such examination, if any, of the accused
as the Magistrate thinks necessary and after giving the prosecution and the accused an
opportunity of being heard, the Magistrate considers the charge against the accused to be
groundless, he shall discharge the accused, and record his reasons for so doing.
ACQUITTAL: As per Section 248, if, in any case under this Chapter in which a charge has
been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.
Discharge does not mean that the accused has not committed the offence, It just means that
there is not enough evidence to proceed with the trial. Most importantly, If any evidence is
gathered later on, the accused may be tried again.
Acquittal means that the accused has been held innocent and the accused cannot be tried again
for the same offence once he has been acquitted.
Difference between Acquittal and Discharge
Acquittal Discharge
A person who has been acquitted cannot be arrested
A discharged person can be rearrested and committed
for the same case in which he has been acquitted by
for a further enquiry.
the Court.
An acquittal may also result from absence of the When a Magistrate proceeds with less serious offence,
complainant, or withdrawal or a compounding of it amounts to a discharge of graver charge and the
offence. accused can be directed to be committed.
An order of discharge simply implies that there is
no prima facie evidence against the accused to justify
An order of acquittal is a judicial decision taken after
further enquiry in relation to the charge; such order
full inquiry establishing the innocence of accused.
does not establish anything regarding the guilt of the
accused.
An acquittal bars second trial on the same facts and
for the same offence, or on the same facts for any A discharge does not bar the institution of fresh
other offence for which different charges from the one proceedings when new or better evidence becomes
made against the accused might have been made available against the accused.
under Section 221(1) of CrPC.
Section 221(1) of CrPC– This provides that if a single act or series of acts is of such a nature
that it is doubtful for which of several offences, the accused may be charged the he may be
tried at once: or he may be charged in the alternative with having committed some one of the
said offences.
