CrPC Section 227
Section 227 - Discharge
Text of Section 227:
“When, upon consideration of the record of a case and the documents submitted thereto, it appears to the Court that there is no sufficient ground for proceeding against the accused, the Court shall discharge the accused, and record accordingly.”
Detailed Explanation:
What is Section 227 about?
Section 227 deals with the discharge of the accused by a Sessions Court or any court empowered to try cases on a warrant (serious offenses).
This stage comes after the police have submitted the charge sheet (after investigation) and before the trial formally begins.
When is Section 227 invoked?
After the charge sheet or complaint is filed, the court examines the record of the case and documents, which include the police report, evidence, and any other material.
If the court, after considering this material, believes there is no sufficient ground to proceed against the accused, it may discharge the accused.
"No sufficient ground" means that the evidence does not prima facie make out a case that justifies putting the accused on trial.
Who can apply for discharge?
The accused can move an application for discharge under this section, essentially requesting the court not to proceed with the trial.
The court can also suo moto (on its own) discharge the accused if it finds no prima facie case.
Purpose of Section 227:
To avoid unnecessary trials when there is insufficient evidence to support the charges.
To protect the accused from being subjected to needless and oppressive prosecution.
It acts as a filtering mechanism to ensure only cases with some prima facie evidence proceed to trial.
What happens if the accused is discharged?
The accused is released from the charges at this stage.
The discharge order is recorded in the case.
This is not an acquittal, but a decision not to proceed to trial due to lack of evidence.
The prosecution can appeal or challenge the discharge if allowed by law.
What if the court refuses discharge?
If the court finds sufficient grounds to proceed, the accused is committed for trial.
The court will then frame charges under Section 228 (for Sessions trials), and the trial will begin.
Key Points:
Section 227 is applied before framing of charges.
The test is whether there is prima facie evidence against the accused, not proof beyond reasonable doubt.
The court’s role at this stage is limited to deciding if there is enough evidence to proceed, not to weigh the entire evidence or decide guilt.
Summary:
Section 227 CrPC empowers the court to discharge the accused if there is no sufficient evidence to proceed.
It prevents unnecessary trials by examining the police report and documents.
The accused can be discharged if no prima facie case is made out.
If discharged, the accused is released from the charge but it is not a final acquittal.
If not discharged, the court frames charges and the trial proceeds.
RELATED Blog
0 comments