Code of Criminal Procedure, 1973 · Chapter XVIII: Trial Before A Court of Session
Section 227: Discharge
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 227
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Tuhin Kumar Biswas @ Bumba v. The State of West Bengal
The Revision Petition filed by the Appellant-accused against the order dismissing the discharge application filed by the Appellant in FIR No.50/2020 dated 19.03.2020 lodged with police station Bidhannagar North, was…
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Visakhapatnam v. Eluri Srinivasa Chakravarthi and Others
Whether the two letters could have been looked at or relied upon by the Special Court for exercising its jurisdiction u/s.239, Code of Criminal Procedure, 1973.
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Directorate of Revenue Intelligence v. Raj Kumar Arora & Ors.
Issue arose whether an offence u/s.8(c) of the NDPS Act could be said to have been made out when an accused “deals with” psychotropic substances mentioned in the Schedule to the NDPS Act but not figuring in Schedule I…
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Biswajyoti Chatterjee v. State of West Bengal & Anr.
Whether the allegations against the appellant, as they stand, constitute an offence, u/ss.376(2)(f), 417 and 506 IPC; and whether the case of the appellant is fit for discharge u/s.227 CrPC, 1973.
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Jaspal Singh Kaural v. The State of NCT of Delhi & Anr.
Appellant established physical relationship with the complainant on promise of marriage. Complainant obtained divorce from her husband on the assurance of the appellant that he will marry her. Later, on refusal of the…
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Pradeep Nirankarnath Sharma v. Directorate of Enforcement & Anr.
The High Court dismissed the appellant’s criminal revision application and refused to the quash the order of the Trial Court rejecting the appellant’s discharge application in a case for offences under the Prevention of…
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Yuvraj Laxmilal Kanther & Anr. v. State of Maharashtra
Issue arose as to whether the High Court was correct in dismissing the revision application filed by the appellants assailing the order of the trial court dismissing their discharge applications u/s.227 CrPC.
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Jamin & Anr. v. State of Uttar Pradesh & Anr.
(i) Whether the High Court was right in exercising its revisional jurisdiction for the purpose of setting aside the order of the Trial Court rejecting the second application preferred by the respondent no.2 u/s.319 of…
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Sudershan Singh Wazir v. State (NCT of Delhi) & Ors.
Issue arose as regards the correctness of orders passed by the High Court staying the discharge of the accused and directing him to surrender before the trial court.
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Suman Mishra & Ors. v. The State of Uttar Pradesh & Anr.
Whether the High Court erred in finding that there were specific allegations in the FIR and Chargesheet even after dropping the charge of Section 376, IPC in order to maintain the criminal proceedings against the…
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Ajay Malik v. State of Uttarakhand & Anr.
(1) Whether the High Court acted well within the contours of its powers under Section 482 of the CrPC in rejecting Ajay Malik’s quashing petition; (2) Whether the High Court fell in error in rejecting the Compounding…
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Laxmi Das v. The State of West Bengal & Ors.
Whether the appellant, can be charged with abetment of suicide of the deceased, under Section 306 of the Penal Code (IPC).
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Prakash and Others v. The State of Maharashtra and Another
Issue arose whether the courts below were justified in accepting the prosecution case that the act of suicide by the victim was a direct result of the words uttered by the appellants at the mahalokadalat when there was…
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Jayedeepsinh Pravinsinh Chavda & Ors. v. State of Gujarat
Matter pertains to correctness of the order passed by the High Court refusing to discharge the appellants-accused from offences punishable u/s.306, 498A and 114 of IPC.
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K. Ravi v. State of Tamil Nadu & Anr.
Matter pertains to the right of the accused to file a fresh application u/s.216 Cr.P.C. seeking his discharge after the charge is framed by the court, more particularly when his application seeking discharge u/s.227…
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M/S Karnataka Emta Coal Mines Limited and Another v. Central Bureau of Investigation
The present appeals challenge the Order on Charge dated 24.12.2021 and Order framing Charges dated 03.03.2022 passed by the Special Judge (Prevention of Corruption Act) Central Bureau of Investigation registered…
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Ram Prakash Chadha v. The State of Uttar Pradesh
In the chargesheet, appellant was accused for commission of offences u/ss. 302, 343, 217, 218, 330, 120B and 34, IPC. An application for discharge u/s. 227 of Cr.PC was rejected by the Trial Court. Whether the findings…
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Shiv Pratap Singh Rana v. State of Madhya Pradesh & Anr.
The prosecutrix had lodged an FIR u/s. 376(2)(n) and s.506 of IPC on 06.09.2018 against the appellant. The charges u/s. 376(2) (n) and s.506 of IPC were framed against the appellant and the application for discharge…
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Sunita Devi v. The State of Bihar & Anr.
Need for a comprehensive sentencing policy. Trial against the accused under Protection of Children from Sexual Offences Act, 2012 was conducted by the judicial officer in utmost haste and the accused was denied due…
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Shashikant Sharma & Ors. v. State of Uttar Pradesh & Anr.
Whether the prima facie ingredients of the offence punishable u/s. 3(2)(v) of the SC/ST Act were made out against the appellants.
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State of Gujarat v. Dilipsinh Kishorsinh Rao
Whether the High Court was justified in allowing the application for discharge filed by the accus ed; and as such whether the order of the sanctioning authority is liable to be set aside and consequently, the…
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