What is the difference between discharge (S.227) and acquittal?

Discharge happens before evidence is led — no sufficient ground to proceed. Acquittal is after full trial — prosecution failed to prove beyond reasonable doubt. Discharged accused can be re-prosecuted; acquitted accused cannot.

What is the standard for framing charges?

Ground for presuming the accused committed the offence — courts assume prosecution evidence is true; question is whether that evidence discloses a prima facie offence.

Section 225-228 — Sessions Trial: Prosecution Opens; Discharge (S.227); Charge Framing (S.228) | Code of Criminal Procedure | LawCodeHub

Section 227: If upon consideration of the record the Judge is of opinion that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons. Section 228(1)(b): If the Judge is of opinion that there is ground for presuming that the accused has committed an offence exclusively triable by it, he shall frame in writing a charge against the accused.

Explanation

Sections 225-228 govern the critical opening stage of Sessions trial where the judge initially reviews case material. Section 227 discharge: 'not sufficient ground for proceeding' — lower than proof beyond reasonable doubt. If no prima facie case, discharge. Section 228 charge framing: 'ground for presuming' the offence was committed — even lower standard. Courts assume prosecution evidence is true at this stage — the question is only whether that evidence discloses a prima facie offence. Discharge is not acquittal — the case can be re-investigated and recommitted. The Supreme Court consistently holds charge framing is not a mini-trial — reliability of evidence is not assessed.

Sessions Trial: Prosecution Opens; Discharge (S.227); Charge Framing (S.228)

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