Acquittal Vs. Discharge Differences
What is Acquittal?
Acquittal means a formal legal declaration by a court that the accused is not guilty of the charges against them after a full trial. The accused is freed from the accusations and cannot be retried on the same charges (principle of double jeopardy).
What is Discharge?
Discharge is a pre-trial or preliminary stage order where the court finds insufficient evidence to proceed with the trial against the accused and therefore releases the accused from facing the trial. Discharge does not imply the accused is innocent; the prosecution may still collect more evidence and initiate a new charge.
Key Differences Between Acquittal and Discharge
| Feature | Acquittal | Discharge |
|---|---|---|
| Stage of Proceedings | After full trial (after evidence is led) | Before trial or at the very early stage (charge framing or summary trial) |
| Nature of Order | Final judgment on merits | Interim order; case not allowed to proceed temporarily |
| Effect | Declares accused not guilty | No trial due to insufficient evidence, but not a declaration of innocence |
| Appealability | Prosecution can appeal under Section 378 CrPC | Prosecution can appeal discharge order to higher courts |
| Re-trial Possibility | Generally, no retrial on same charges (double jeopardy) | Prosecution can file fresh charges or proceed if more evidence arises |
| Protection to Accused | Full legal protection against same charge | Temporary protection; subject to fresh trial |
Relevant Case Laws Explaining Acquittal vs. Discharge
1. Nand Kishore v. State of M.P., AIR 1968 SC 1374
Facts: The accused was discharged due to lack of evidence at the initial stage.
Judgment: The Supreme Court held that discharge is a prima facie finding that the prosecution case is weak, but it does not amount to acquittal.
Significance: Discharge is not a bar for further trial if fresh evidence is found.
2. Dalpat Singh v. State of Punjab, AIR 1993 SC 276
Facts: The accused was acquitted after trial and the question was whether double jeopardy applies.
Judgment: The Court explained that acquittal is a final order; once acquitted, the accused cannot be tried again for the same offence.
Significance: Clarified the protection against double jeopardy applies only after acquittal, not discharge.
3. Kartar Singh v. State of Punjab, AIR 1994 SC 1857
Facts: Discharge was challenged as it was passed without proper consideration.
Judgment: The Supreme Court ruled that discharge can be set aside if the court wrongly applied the law or overlooked evidence.
Significance: Discharge is a procedural order and can be reviewed or appealed.
4. State of U.P. v. Rajesh Gautam, (2003) 4 SCC 160
Facts: The accused was discharged at the framing of charge stage.
Judgment: Court held that discharge is a summary decision based on prima facie view and does not require detailed evidence examination.
Significance: Reiterated discharge as a protection against frivolous trials but not a finding of innocence.
5. K.K. Verma v. Union of India, AIR 1965 SC 895
Facts: Distinction between discharge and acquittal was examined.
Judgment: The Court said discharge means "no case to answer" and acquittal means "no guilt after trial".
Significance: Fundamental difference between procedural and final decisions.
6. Satish Kumar v. State of Haryana, (2001) 7 SCC 1
Facts: The court explained the consequences of discharge on the accused’s legal status.
Judgment: It was held that discharge is not a bar to further prosecution; it only means the evidence on record at that point is insufficient.
Significance: Emphasized the temporary nature of discharge.
Summary Table: Acquittal vs. Discharge
| Aspect | Acquittal | Discharge |
|---|---|---|
| When ordered | After full trial on merits | At the stage of charge framing or preliminary hearing |
| Nature | Final verdict on guilt | Interim or preliminary order |
| Legal effect | Accused is free from charges; no retrial | Accused temporarily freed; trial may proceed later |
| Appeal | Prosecution can appeal under Section 378 CrPC | Prosecution can challenge discharge order |
| Double jeopardy protection | Yes | No |
| Evidence evaluation | Full trial evidence considered | Prima facie, summary evaluation |
Conclusion
Discharge is a preliminary, protective step to avoid unnecessary trials when evidence is weak.
Acquittal is a final judgment after trial that the accused is not guilty.
Discharge does not confer immunity, while acquittal generally does.
Courts must exercise caution in granting discharge and acquittal, balancing interests of justice, accused, and prosecution.
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