Home > Weekly Sessions > Discharge application CrPC 239/227

Discharge application CrPC 239/227

239. When accused shall be discharged.

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.

227. Discharge.

If, upon consideration of the record of the case and the documents submitted herewith, 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.

  • Discharge in 239 happens mostly based on complaint and allegations
  • Discharge in 227 happens mostly based on material
  • Discharge is a good strategy if you want to delay the case due to whatever reasons.
  • In criminal cases delay is always better as the memory of the complainant and witness fades with number of years.
  • There are number of instances where witness died during trial and hence benefits the accused.
  • Many time delay in proceedings are not good. E.g. getting acquittal in 498A may be very critical because that is a ground for getting divorce.
  • Don’t file discharge just because some one else is filing or just because your lawyer has suggested.
  • Study and understand the implication of filing discharge as it may be good or may not be good in your particular case.
  • Even if discharge application is dismissed you can challenge it in HC under CrPC 397 (Criminal Revision Petition)
  • There is a misconception that only sister’s name or mother’s name can be discharged and other’s name cannot be discharged.
  • Remember in 239 discharge happens purely based on allegations and in 227 discharge happens purely on material so even A1 can be discharged if above conditions are not satisfied.
  • Grounds for acquittal and discharge are different. E.g. Delay In FIR is a ground for acquittal but not for discharge.
  • Discharge in simple terms is nothing but relief at an early stage without the harassment of going through trial.

For further information and reading you can refer to https://498amisuse.wordpress.com/category/resource/discharge/

Categories: Weekly Sessions
  1. Naila
    February 27, 2011 at 3:51 pm

    Discharge by court… 227 and 239.
    Why should court ask the accused to be present in the court, if the magistrate is “discharging” without hearing after seeing the documents etc, under 239.
    Accused are usually young boys making their living in far off places, in India, or abroad or are foreign nationals. When court is convinced that the accusations are wrong, magistrate should be given the liberty to discharge the complaint without hearing. (if a lawyer and a member of the family represents him, it should be enough)

  2. S P Kumar
    October 21, 2011 at 10:33 am

    I completely agree with Naila. My brother is accused 3 in 498a case.He was not in India during alleged cause of action.My wife has first accused him in the complaint, of harrassing her between 2003 and 2008, now after police have produced copy of my brother’s passport,which shows he was away most of the time, she has retracted her statement, and given a restatemet that he was away after 2005.

    Question is : date of complaint is dec 2010 and she clearly states after passport is submitted in evidence by police that he was not a party to harrassment after 2005. Can my brother be given a quash aganist his arrest warrant?

  3. Zeeshan Ali
    December 15, 2011 at 10:20 am

    Can application for discharge will be applied both u/s 227 & u/s 239 in one go ? In single application ?

  4. mohisin
    December 16, 2015 at 1:06 pm

    I have invested in company in 2011, seeing me my neighbour also invested and he, himself received the commission from the company as per company’s policy. After one month the company was closed. we tried our best to recover our amount but failed. my neighbour filed a case against me and the company. known the case in session court but hearing is not yet started. i have invested more the him. can i go for discharged. please reply.

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