Discharge
AI Assist
Summary
An accused may apply for discharge within sixty days from the date the case is committed to the judge. The judge will consider the case record, documents and submissions from both the accused and the prosecution. If the judge finds there is not sufficient ground to proceed, the accused is discharged and the judge records reasons for doing so.
Example
Ravi is committed to the sessions court for trial and files an application for discharge within forty days, saying the evidence is weak. The judge hears the prosecution and Ravi, reviews the record and documents, and finds no sufficient ground to continue. The judge discharges Ravi and records the reasons.
Bare Act
Enacted text(1) The accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under section 232.
(2) If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
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