Law on Discharge: When Accused Shall Be Discharged? - S.Balan, Advocate

Law on Discharge: When Accused Shall Be Discharged?
S.Balan, Advocate
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Framing of Charge and Discharge
The Hon'ble Court has unfettered power to sift and weigh the evidence. If the suspicion is not grave, then the court is within its power to discharge. If two views are possible based on the material passed by the investigating agency, then you can buttress that the views of the accused to be taken into consideration.
1. Chapter 18 of CrPC: 227, 228 CrPC
~ No sufficient grounds to proceed against accused.
2. Chapter 19 - Part A: 239, 240 CrPC
~ Charge against the accused is groundless.
3. Chapter 19 - Part B: 244, 245 CrPC
~ Irrebuttable
Questions to consider:
- Whether or not a prima-facie case is made out?
- Whether there are grounds to proceed further?
Grounds for Discharge
- If the evidence is not sufficient
- No legal grounds to proceed further
- If the sanction is defective
- Beyond the period of limitation