Difference between Discharge and Acquittal

228 votes

Discharge can be done before the charges are framed whereas Acquittal can be done only when the trial concludes. The difference between discharge and acquittal can be understood by the following points:
 

In a Sessions Trial

DISCHARGE: As per Section 227, 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.

ACQUITTAL: If after evaluating the evidence given by the prosecution, the judge considers that there is no evidence that the accused has committed the offence, the judge acquits the Accused person under Section 232.
However, if the offender is not acquitted under Section 232, he is permitted to give his defence and evidence. After hearing the arguments of both the parties, the court may acquit of convict the person under Section 233.
 

In a Trial of Warrant cases by Magistrate

DISCHARGE: As per Section 239, if, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

ACQUITTAL: As per Section 248, if, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.

Discharge does not mean that the accused has not committed the offence, It just means that there is not enough evidence to proceed with the trial. Most importantly, If any evidence is gathered later on, the accused may be tried again.

Acquittal means that the accused has been held innocent and the accused cannot be tried again for the same offence once he has been acquitted.

LawRato LawRato

841 votes

discharge precedes trial whereas acquittal is post trial. Discharge is for the reason that the charge(s) is(are) not made out from the material produced by the prosecution, whereas a trial. involves examination of witnesses - examination in chief by the party calling them and cross examination by the opposite party. More simply, discharge is discarding of the envelope itself, whereas acquittal is perusal of the letter and examining it-, going through a detailed analysis inside and out by examining of persons connected and then delivering the verdict.

Advocate Aditya Vikram LawRato

108 votes

Acquittal in criminal proceedings is the verdict that a defendant was not guilty of all charges. A discharge is a situation in which a person has been released from criminal charges without a conviction or trial. A discharge is not an acquittal, which requires a verdict and trial.

Advocate Chikirsha Mohanty LawRato