Discharge पे कैसे करें Arguments और बचाए कई साल

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Advocate Nitish Banka
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What court considers before discharging an accused in crminal cases..
Under the Criminal Procedure Code, 1973, the Discharge Application is the remedy that is granted to the person who has been maliciously charged. If the allegations which have been made against him are false, this Code provides the provisions for filing a discharge application. If the evidence given before the Court is not sufficient to satisfy the offence and in the absence of any prima facie case against him, he is entitled to be discharged.

If, upon due consideration of the police report and all the documents under Section 173 along with examination of the accused, if any, as thinks obligatory and after hearing prosecution as well as accused, the Magistrate considers the charge to be groundless against the accused, he shall discharge the accused and also record the reasons for doing so.

Essential Elements For Discharge:
The Court must consider the Charge sheet and documents appended thereto by the Police under Section 173, Cr.P.C by taking of the following essentials-

1. The Magistrate may, if he deems fit, examine the accused.

2. Thereafter, the arguments of both the Prosecution and the Accused should be heard (audi alteram partem).

3. In the instance where the grounds against the accused are found to be baseless, upon the condition that no evidence is present against the accused, the Court shall consider that there is no prima facie case against the accused and must be discharged.

If all the above conditions are fulfilled, then the Accused shall be discharged.

Seven Guiding Principles On Discharge And Framing Of Charge:
In the case of Vijayan v. State of Kerala and another, in the case of Union of India v. Prafulla Kumar Samal and another, the Supreme Court formulated the following 7 guiding principles.