Chapter XIX
Section 239 CrPC: When accused shall be discharged
New Law Update (2024)
Section 263 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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.
Important Sub-Sections Explained
Landmark Judgements
Union of India v. Prafulla Kumar Samal (1979):
The Supreme Court held that at the stage of considering discharge, the court is not required to meticulously examine the evidence but must ascertain if there is a strong suspicion for framing a charge. If the charge is found to be groundless, the accused must be discharged.
State of Orissa v. Debendra Nath Padhi (2005):
This judgment clarified that at the stage of discharge under Section 239 CrPC, the accused does not have a right to produce documents in their defence. The court’s consideration is limited to the police report and documents forwarded by the prosecution under Section 173 CrPC.
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS AT [City, State]
Criminal Miscellaneous Application No. ____ of 2024
(Arising out of FIR No. [FIR Number] / [Year]
Police Station: [Police Station Name], [District])
IN THE MATTER OF:
[Name of Accused]
S/o [Father’s Name]
R/o [Address]
… APPLICANT/ACCUSED
VERSUS
THE STATE OF [State Name]
(Through Police Station [Police Station Name])
… RESPONDENT/PROSECUTION
APPLICATION UNDER SECTION 239 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR DISCHARGE
MOST RESPECTFULLY SHOWETH:
1. That the Applicant is the accused in the above-mentioned FIR registered under Sections [Relevant IPC Sections] of the Indian Penal Code, 1860, currently pending before this Hon’ble Court.
2. That the police, after investigation, has filed a chargesheet against the Applicant before this Hon’ble Court.
3. That upon a careful consideration of the police report, the documents sent with it under Section 173 of the Code of Criminal Procedure, 1973, and after giving an opportunity of being heard to both the prosecution and the Applicant/Accused, it is evident that the charge against the Applicant is groundless.
4. That there is no sufficient material on record to suggest that the Applicant has committed any offence as alleged in the chargesheet. The documents filed by the prosecution themselves do not make out a prima facie case against the Applicant.
5. That the continuation of the proceedings against the Applicant would amount to an abuse of the process of law, as there is no reasonable prospect of conviction on the basis of the available evidence.
PRAYER:
It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to:
a. Discharge the Applicant/Accused, [Name of Accused], from the charges framed against him/her in FIR No. [FIR Number] / [Year], Police Station [Police Station Name], under Section 239 of the Code of Criminal Procedure, 1973.
b. Pass such other or further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(Signature)
[Name of Advocate]
Advocate for the Applicant/Accused
[Enrollment Number]
[Contact Details]
(Signature)
[Name of Accused]
Applicant/Accused