Code
If, on an inquiry under section 116, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.
Explanation
This section empowers a Magistrate to discharge an accused person if, after considering the evidence presented by the prosecution, the Magistrate finds that there is no sufficient ground for proceeding against the accused.
Essentially, it means that the prosecution has failed to establish a prima facie case against the accused.
Illustration
Consider a case where a person is accused of theft. The prosecution presents evidence, but it is weak and inconclusive. The Magistrate, after scrutinizing the evidence, determines that it’s insufficient to establish a prima facie case of theft against the accused. In this scenario, the Magistrate would discharge the accused under Section 118 CrPC.
Common Questions and Answers
Q: What is a prima facie case?
A: It refers to a case where the evidence, at first glance, suggests that the accused is likely guilty of the crime. It is a preliminary assessment based on the initial evidence presented.
Q: Can the accused be discharged at any stage of the trial?
A: Yes, an accused can be discharged at any stage of the trial before framing of charges. However, it is generally done after the prosecution has concluded presenting its evidence.
Q: What happens after the discharge?
A: If the accused is discharged under Section 118 CrPC, the criminal proceedings against the accused are terminated. The accused is free from the charges.
Q: Can the prosecution appeal against the order of discharge?
A: Yes, the prosecution can appeal against the order of discharge to a higher court.
