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Discharge (Section 227/239 CrPC / Section 250/262 BNSS)

Criminal Procedure & Jurisprudence Terms

Definition

The termination of proceedings and release of the accused before the framing of charges, granted when the judge considers that the material on record does not disclose grave suspicion or a prima facie case.

Example

In Sanjay Kumar Rai v. State of U.P., the Supreme Court held that the trial court must consider an application for discharge on merits to prevent the accused from undergoing a prolonged and baseless trial.