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 on 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.
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.
Key Differences between Acquittal and Discharge
After hearing both sides, and verifying all the evidence, if the judge is of the
view that there is not sufficient evidence against the accused, the basis of
which the case may proceed further
In such a case, he/she gives the order for discharge and records the reasons for
such order. Whereas, an order for acquittal is given by the court when it
reaches the conclusion that there is no strong evidence against the accused that
can prove the commission of the offence by him.
Acquittal is a verdict in the criminal case that the accused is not guilty of
the offence. On the other hand, discharge is an order given by the Magistrate
that there are not enough grounds to lead the proceedings further against the
Discharge of the accused takes place, prior to the framing of charges. On the
other hand, acquittal takes place after the charges are framed against the
In case of discharge, fresh proceedings can be started if strong and material
evidence is found. In contrast, acquittal restrains the second trial regarding
the same offence or a different offence, considering the same facts.