Legal Question in Criminal Law in India

Re: Discharge 227 IPC

Result of Discharge and Quashing is same viz. acquittal of accused.

However, in Discharge, Court need to presume that everything alleged against accused is correct and still no prima facie case is made out.

While in Quashing, the High Court has extra ordinary powers and can look into other factors like abuse of process of law etc.

Re: Discharge 227 IPC

An aggrieved party may challenge an order of discharge before the next higher court in accordance with the provisions of Criminal Procedure Code.

Re: Discharge 227 IPC

The result of discharge and qashing is same if there is only one accused. In case of more than one accused the court has discharged only one accused the matter will contiue in respect of the other accused whereas in case of quashing the matter is quashed and both the accused are discharged.

Yes the accused if innocent will be discharged by the court with instruction to the authorities to investigate the matter further.

Though, I fail to understand that in a rape case the accused is being accused of rape only on the basis of the statement of the complainant. Hence I feel the question of discharge may not arise unless there is ambiguity in the mind of the complainant.

Re: Discharge 227 IPC

Against the discharge complainant can file an Appeal in high court.

But in quashing case is completely closed.

Regards

Kamal Grover

Advocate

Chandigarh

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