Legal Question in Criminal Law in India

Re: Cr.P.C. Section 227 - Discharge the accused after framing charges

S.227 of the CrPC deals with discharge of the accused. It provides that if the judge, after going through the record and documents submitted and also hearing the prosecution and the accused, comes to the conclusion that no sufficient ground exists to proceed against the accused, he shall discharge him. Therefore, if there is no material on record which connects the accused with the alleged offence, the framing of charge is illegal and is a sufficient ground for the High Court for quashing the charge against the accused and thus discharge him.(AIR 1977 SC 1489)

THe right to ask for discharge is available to the accused at any point of the trial.( 1987 CrLJ 584 Bom).

Such an application is not liable to be dismissed on the ground of its being made before the actual trial begins.( 1988 CrLJ 1471 Bom).

Re: Cr.P.C. Section 227 - Discharge the accused after framing charges

An application under section 227 can be made only before charges are framed.