Chapter XVIII
Section 227 CrPC: Discharge
New Law Update (2024)
Section 228 BNSS
TRIAL COURT
Court of Session
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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 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.
Important Sub-Sections Explained
even if taken at its face value
Landmark Judgements
Union of India v. Prafulla Kumar Samal (1979):
This seminal judgment laid down the principles for discharge under Section 227 CrPC. It held that the Judge, at the stage of discharge, is not to act as a mere post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced. However, a roving inquiry into the pros and cons of evidence is not permissible. The Judge must only see if there is sufficient ground for proceeding against the accused.
State of M.P. v. S.B. Johari (2000):
The Supreme Court reiterated that the Judge at the stage of framing charges under Section 228 CrPC (or discharge under Section 227 CrPC) is not expected to conduct a mini-trial. The court should sift the material on record to determine whether a prima facie case is made out and whether there is strong suspicion, but cannot appreciate or weigh the evidence meticulously to find out if it is sufficient for conviction.
Sajjan Kumar v. CBI (2010):
This case emphasized that the test to be applied at the stage of Section 227 CrPC is whether the materials placed before the court disclose a grave suspicion against the accused, which has not been properly explained. If the court is satisfied that there are no sufficient grounds for proceeding against the accused, he shall be discharged. The court cannot sift the evidence with a view to come to the conclusion that there is probability of conviction.
Draft Format / Application
IN THE COURT OF THE SESSIONS JUDGE, [District Name], [State Name]
Criminal Miscellaneous Application No. ____ of 20XX
IN THE MATTER OF:
[Name of Accused]
S/o [Father’s Name]
R/o [Address of Accused]
…Applicant/Accused
VERSUS
The State of [State Name] / Central Bureau of Investigation (CBI)
…Respondent/Complainant
FIR No. [FIR Number]
Dated: [Date of FIR]
Police Station: [Police Station Name]
Under Sections: [Relevant Sections, e.g., 302, 307, 34 IPC]
APPLICATION UNDER SECTION 227 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR DISCHARGE OF THE ACCUSED
MOST RESPECTFULLY SHOWETH:
1. That the applicant is the accused in the above-mentioned case pending before this Hon’ble Court.
2. That the prosecution has filed a charge-sheet against the applicant and others for offences punishable under Sections [Relevant Sections] of the Indian Penal Code, 1860, on the basis of FIR No. [FIR Number], registered at Police Station [Police Station Name].
3. That upon a careful consideration of the record of the case and the documents submitted therewith, it is humbly submitted that there are no sufficient grounds for proceeding against the applicant/accused for the alleged offences.
4. That the material on record, even if taken at its face value and accepted in its entirety, does not disclose the commission of any offence by the applicant/accused, nor does it raise a grave suspicion against him.
5. That the prosecution has failed to produce any cogent or credible evidence to establish a prima facie case against the applicant/accused. The allegations made in the charge-sheet are vague, baseless, and without any foundational evidence.
6. That framing of charge against the applicant/accused would amount to an abuse of the process of law, as there is no reasonable prospect of conviction on the basis of the material available on record.
7. That the applicant/accused is innocent and has been falsely implicated in the present case.
8. That it is therefore a fit case where this Hon’ble Court ought to exercise its power under Section 227 of the Code of Criminal Procedure, 1973, and discharge the applicant/accused.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Discharge the applicant/accused from the above-mentioned case under Section 227 of the Code of Criminal Procedure, 1973.
b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
Dated: [Date]
Place: [Place]
(Applicant/Accused)
Through Counsel
[Counsel’s Name]
[Enrollment Number]