IPC Section 232
IPC Section 232 – Discharge of Accused by Magistrate
Note:
Section 232 is actually a section under the Code of Criminal Procedure (CrPC), 1973, not the Indian Penal Code (IPC). It deals with the procedure during the trial.
Section 232 CrPC – When the Court May Discharge the Accused
Bare Act Language:
"If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the parties, the Magistrate considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing."
Explanation in Detail:
1. Context:
Section 232 CrPC applies in trials before a Magistrate in cases instituted on a police report (usually sessions trial cases).
It comes into play after the charge-sheet is submitted, but before the commencement of the trial.
2. Purpose:
To provide a legal safeguard preventing unnecessary trial of a person if there is insufficient evidence against them.
The Magistrate examines whether there is prima facie evidence or reasonable grounds to proceed with the trial.
3. When is it Applied?
After the police investigation, the charge-sheet is filed.
Before framing charges and starting the trial, the Magistrate reviews evidence and hears arguments.
If the Magistrate feels evidence is not sufficient to proceed, the accused can be discharged.
4. Effect of Discharge:
Discharge means the accused is released from the accusations.
The accused is not convicted or acquitted; the case simply doesn’t proceed further for lack of evidence.
If new evidence emerges later, the accused can be re-arrested or re-tried.
5. Difference Between Discharge and Acquittal:
| Aspect | Discharge (Section 232 CrPC) | Acquittal (Section 235 CrPC) |
|---|---|---|
| When Occurs | Before trial begins, if no sufficient ground | After full trial and evidence, accused found not guilty |
| Effect | Case does not proceed, but not final judgment | Final judgment of not guilty |
| Can Case be Reopened | Yes, if new evidence emerges | Generally no, except in rare cases |
Summary:
Section 232 CrPC allows a Magistrate to discharge the accused before trial if evidence is insufficient.
It saves the accused from unnecessary trial and harassment.
The Magistrate must record reasons for discharge.
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