Difference Between Summon Cases and Warrant Cases
1. Definition and Nature
Discharge:
Meaning: A discharge occurs before the trial starts (or early in the trial) when the court finds that the prosecution has no sufficient evidence to proceed against the accused.
Nature: It is not a determination on merits; the accused is discharged without examining evidence in detail.
Legal Provision: Under Section 239 of the Code of Criminal Procedure (CrPC) for summons cases, and Section 227 of CrPC for warrant cases.
Acquittal:
Meaning: Acquittal occurs after the trial when the court, after considering the evidence, finds the accused not guilty of the offense charged.
Nature: It is a judicial determination on merits of the case.
Legal Provision: Sections 246(1) (judgment in summons case) and 247 (judgment in warrant case) of CrPC.
2. Timing in the Trial Process
| Aspect | Discharge | Acquittal |
|---|---|---|
| When it happens | Before framing charges (or very early stage) | After the full trial |
| Stage | Preliminary examination of evidence | After evidence is led and arguments are heard |
| Reason | No prima facie case is made out against the accused | Evidence fails to prove guilt beyond reasonable doubt |
3. Requirement of Evidence
Discharge: Court examines whether prima facie case exists; if not, accused is discharged.
Acquittal: Court examines all evidence, including prosecution and defense witnesses, documents, and arguments.
Illustration:
In State of Punjab v. Gurmit Singh (1996), the Supreme Court emphasized that discharge is a preliminary check, and it should only be granted if there is no material to proceed.
4. Scope for Appeal
Discharge: Discharge can be challenged by the prosecution in a higher court as it stops the trial at an early stage.
Acquittal: Acquittal can be challenged by the state/prosecution under Section 378 CrPC (appeal against acquittal) if there is a perceived legal error.
Case Example:
State of Haryana v. Bhajan Lal (1992) discussed the importance of prima facie evidence for framing charges and discharge.
5. Effect on Accused
Discharge: Accused is free, but the prosecution may file a fresh case if new evidence emerges.
Acquittal: Accused is permanently free from the charge, unless the prosecution can successfully appeal (rarely).
Case Example:
In Sharad Birdhichand Sarda v. State of Maharashtra (1984), the Supreme Court clarified that acquittal is final judgment on merits after evidence is considered.
6. Key Differences Summarized
| Feature | Discharge | Acquittal |
|---|---|---|
| Stage | Before trial or at the start | After trial |
| Basis | No prima facie case | Full consideration of evidence |
| Legal Effect | Trial does not proceed | Trial concluded; accused declared not guilty |
| Appeal | By prosecution only | By prosecution (rarely) |
| Possibility of Re-trial | Yes, if new evidence emerges | Only on successful appeal by prosecution |
| Nature | Preventive, procedural | Conclusive, substantive |
Conclusion
Discharge is a pre-trial safeguard to ensure no one is tried without sufficient evidence.
Acquittal is a final verdict after trial confirming that accused is not guilty.
Courts take different levels of scrutiny in both: minimal for discharge, detailed for acquittal.
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