Criminal Law

Discharge (Criminal Case)

An order releasing an accused from a case before trial, when the court finds insufficient grounds to proceed against them.

At the stage of framing charges, if the court examines the material on record and finds there isn't enough to justify proceeding to trial against a particular accused, it can discharge them from the case altogether.

A discharge is different from an acquittal — it happens before trial begins, based on the material available at that point, rather than after evidence has been fully tested.

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