Code
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.
Explanation
This section empowers the Magistrate, after considering the prosecution evidence, to discharge an accused if they find that there is no sufficient ground for proceeding against the accused.
The Magistrate can discharge the accused if:
- The prosecution evidence is so weak or unreliable that no reasonable person could convict the accused on that evidence.
- There is a total absence of evidence against the accused.
- The evidence does not establish the commission of the alleged offense.
- The evidence does not connect the accused with the alleged offense.
Illustration
Suppose a person is accused of theft. The prosecution presents a witness who claims to have seen the accused near the scene of the crime, but the witness cannot positively identify the accused. The Magistrate, after considering the evidence, may discharge the accused under Section 227, finding no sufficient ground for proceeding against the accused.
Common Questions and Answers
Q: What is the difference between discharge under Section 227 and acquittal?
A: Discharge is a decision made by the Magistrate at the initial stage of the trial, before the accused is put on trial. Acquittal, on the other hand, is a decision made by the Court after the trial, where the accused is found not guilty.
Q: Can the accused be re-tried after discharge under Section 227?
A: Yes, the prosecution can re-try the accused if they gather new evidence that overcomes the deficiencies found by the Magistrate. However, the prosecution must obtain permission from the High Court to re-try the accused.
Q: What happens if the Magistrate refuses to discharge the accused?
A: The Magistrate will proceed with the trial and frame charges against the accused. The accused will then have an opportunity to defend themselves against the charges.
