Acquittal and discharge
Also called: Acquittal, Discharge · Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT
Meaning
Acquittal means a court finds the accused not guilty after a full trial. The prosecution (the government's side) has to prove guilt beyond reasonable doubt, which means there is no sensible reason left to doubt it. If it fails, the accused gets the benefit of doubt and is acquitted. Discharge comes earlier, before charges are framed (before the court formally lists the offences the person must answer). The court discharges the accused when the police papers do not give enough ground to put them on trial. Both rules protect the presumption of innocence under Article 21.
Example
Police find arms in a car and charge two passengers. Suppose that at the first hearing the judge sees nothing linking them to the arms. The judge discharges them, and no trial takes place. Now suppose instead that the case goes to a full trial and the prosecution cannot prove the link beyond reasonable doubt. Then the court acquits them, even if serious suspicion remains.
Don't confuse with
- Bail: bail lets the accused out of custody while the case goes on. Acquittal and discharge both end the case against the accused, though an acquittal can still be appealed by the state.
- Discharge vs acquittal: discharge happens before charges are framed and needs no full trial. Acquittal comes only after the full trial and the court's verdict.