IPC Section 374
๐ Text of Section 374, Indian Penal Code (IPC)
"When accused may be discharged or acquitted."
โWhen, on the trial of any person on a charge of an offense, the Judge considers that there is no sufficient ground for proceeding against the accused, he may discharge the accused, or, if he has been put to trial, he may acquit him.โ
๐ง Explanation
Section 374 deals with the power of a judge during a criminal trial to discharge or acquit the accused when there is insufficient evidence or no sufficient ground to continue the trial.
๐ Key Points
Context:
Applies during the trial of any criminal offense.
The judge can decide either:
To discharge the accused (before the trial proceeds fully), or
To acquit the accused (after the trial has commenced).
Grounds for Discharge/Acquittal:
When the judge believes there is no sufficient ground for the case to proceed against the accused.
This means the evidence presented is not strong enough to justify continuing the prosecution or to convict.
Discharge vs. Acquittal:
Discharge: Usually happens before the full trial starts, such as after the preliminary hearing or when charges are framed but before the evidence is heard.
Acquittal: Happens after the trial when the judge decides that the accused is not guilty based on the evidence presented.
Purpose:
To prevent unnecessary trials or prolonged prosecution when the case is weak.
To protect the accused from being harassed or unjustly tried when evidence is insufficient.
โ๏ธ Judicial Discretion
The decision under Section 374 is at the discretion of the judge based on the facts and evidence.
It is a protective measure to ensure fairness and avoid wasting court time and resources on baseless cases.
๐งฉ Summary Table
| Element | Explanation |
|---|---|
| Who | Judge presiding over the criminal trial |
| When | During the trial, before or after hearing evidence |
| Action | Discharge (before trial) or acquit (after trial) |
| Grounds | No sufficient ground to proceed with prosecution |
| Purpose | Avoid unnecessary trial when evidence is weak |
๐ Example
During trial, the prosecution fails to present credible evidence to prove the guilt of the accused. The judge may then decide to acquit the accused under Section 374.
If after framing charges, the judge finds that there is no prima facie case, they may discharge the accused under this section.
RELATED Blog
0 comments