Discharge of accused under CrPC: section 227 CrPC explained: By Heli Dubey Intern at ubAdvocate

Описание: Heli Dubey
Intern At ubAdvocate-   / ubadvocate  


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"Section 227 of the Code of Criminal Procedure, 1973 falls under Chapter XVIII of the Code which contains provisions for ‘Trial before a Court of Session’. The said section provides that a judge has the power to discharge an accused if, after examining the evidence brought on record hearing the parties, draws on to a conclusion that there exists no sufficient ground to proceed against the accused. The section emphatically provides that the reasons for such discharge should be recorded in writing.
The pivotal objective of the section is to save the time of the court by not involving in a trial in cases where the court is almost certain that there is no likelihood of conviction of the accused.
The major purpose of Section 227 of the Code is to ensure that the Court of Sessions is satisfied that the accusations put forward by the prosecution are not frivolous and there is exists some significant material for proceeding against the accused. The court while exercising its jurisdiction under the said section has to only consider the probative value of the material brought on record and after examining the same either proceed with the trial in presence of sufficient material or discharge the accused its absence."

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