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CrPC, 1973
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CrPCChapter XVIIISection 227
Section227

Discharge

AI Assist

Summary

After examining the case record, the documents, and hearing both the accused and the prosecution, the judge may conclude there is not enough ground to proceed. If so, the judge must discharge the accused and record the reasons for that discharge.

Example

Priya files an FIR saying Ravi took goods from her shop. When the charge-sheet and supporting documents come before the judge, the judge hears both sides and finds the evidence too weak. The judge discharges Ravi and records the reasons for doing so.

Bare Act

Enacted text

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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XVIII

Chapter XVIII

Trial Before A Court Of Session

In this chapter

  • 225Trial to be conducted by Public Prosecutor
  • 226Opening case for prosecution
  • 227Discharge
  • 228Framing of charge
  • 229Conviction on plea of guilty
  • 230Date for prosecution evidence
  • 231Evidence for prosecution
  • 232Acquittal
  • 233Entering upon defence
  • 234Arguments
  • 235Judgment of acquittal or conviction
  • 236Previous conviction
  • 237Procedure in cases instituted under section 199(2)
Previous · Section 226Opening case for prosecutionNext · Section 228Framing of charge