What is the difference between 227 and 239 CrPC?
Asked by: Dock Bernhard Jr. | Last update: July 4, 2026Score: 5/5 (56 votes)
Sections 227 and 239 of the CrPC both empower courts to discharge an accused before trial if there is no sufficient ground to proceed, but they differ primarily by the type of court and case. Section 227 applies to Sessions Court trials, while Section 239 applies to Magistrate trials for warrant cases initiated on police reports.
What is the difference between CrPC 227 and 239?
i) Section 227 CrPC and 250 BNSS deals with discharge Discharge in sessions cases. ii) Section 239 of CrPC and Section 262 of BNSS deals with discharge in warrant case instituted on police report.
What is the purpose of CrPC 239?
Section 239 of the Code of Criminal Procedure makes provision for discharge, due to insufficient evidence for conviction, a significant provision under which courts can discharge the accused in whose case there is not sufficient prima facie material for their conviction.
Who can file an application under CrPC 239?
Discharge under Section 239 of the CrPC can be ordered, when the Magistrate considers the charge against the accused to be groundless. The case is instituted upon the complaint filed by the first Respondent ('the complainant').
What is Section 239 of the CrPC?
Section 239 CrPC mandates that the magistrate must consider the police report, all documents submitted by the prosecution, and hear submissions of both the prosecution and the accused.
Discharge Application in Criminal Cases | CrPC 227 & 239 Explained with Supreme Court Judgments
What is the examination of accused under section 239 CrPC?
Object of Section 239 CrPC
Before discharging the accused, the magistrate must properly examine the grounds to identify whether the ground for presuming the commission of offence exists or whether the charge is groundless and whether the offences constitute a prima facie case or not.
What is Article 239 in simple words?
(1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
What is Section 227 of the CrPC?
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 ...
What is the punishment for BNS 239?
Imprisonment for 6 months, or fine of 5,000 rupees, or both. Triable by Any Magistrate.
What evidence is needed to be charged?
Reasonable suspicion that the person has committed the offence. Reasonable grounds to believe that continuing the investigation will provide further evidence within a reasonable period. Substantial grounds to object to bail. The seriousness or circumstances of the case justify making an immediate charging decision.
How is CrPC 239 different from acquittal?
Sections 227 and 239 pertain to discharge by judges and magistrates respectively, and they apply at a preliminary stage where proceedings are halted based on an early review of evidence and documents. In contrast, Sections 232 and 248 deal with acquittal, which occurs after a full trial.
What is the role of the judge in CrPC 239?
Accused Discharge U/S 239 Crpc Accused discharge under Section 239 of the Code of Criminal Procedure (CrPC) means a Magistrate can release an accused from trial if, after reviewing the police report and evidence, the charge is found to be groundless, meaning no sufficient grounds exist to proceed.
Is discharge better than acquittal?
The Supreme Court has observed that an accused discharged of a criminal offence stands on a better footing than an accused acquitted after a trial, because discharge happens at the pre-trial stage due to the lack of evidence.
What are the limitations of CrPC 239?
Under Section 239 of Criminal Procedure Code, 1973 (CrPC), courts can only consider the chargesheet and documents filed by the prosecution under Section 173, not additional material brought by the accused.
What is Section 227 giving false evidence?
Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
How many signatures are needed for a discharge petition?
A discharge petition in the U.S. House of Representatives requires 218 signatures—an absolute majority of the 435-member House. This procedural maneuver forces a bill out of a committee and onto the House floor for a vote, even if leadership opposes it.
What are the 4 types of punishment?
The four primary types of criminal punishment, often viewed as the core pillars of the justice system, are retribution, deterrence, incapacitation, and rehabilitation. These approaches aim to hold individuals accountable, protect society, and reform offenders, sometimes using methods like incarceration, fines, or community service.
What is IPC 239?
Whoever, having any counterfeit coin, which at the time when he became possessed of it, he knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any persons or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a ...
What is 20 years to 40 years imprisonment?
𝘙𝘦𝘤𝘭𝘶𝘴𝘪𝘰𝘯 𝘗𝘦𝘳𝘱𝘦𝘵𝘶𝘢 is a penalty prescribed for crimes punishable under the Revised Penal Code, while 𝘓𝘪𝘧𝘦 𝘐𝘮𝘱𝘳𝘪𝘴𝘰𝘯𝘮𝘦𝘯𝘵 is imposed for serious offenses penalized by Special laws. 𝘙𝘦𝘤𝘭𝘶𝘴𝘪𝘰𝘯 𝘗𝘦𝘳𝘱𝘦𝘵𝘶𝘢 entails imprisonment of at least 20 years and one day to a maximum of 40 years.
What is Section 227 CrPC equivalent in BNSS?
Section 227 (1) of BNSS provides: If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be: a summons-case, he shall issue summons to the accused for his attendance; or.
Is 227 IPC bailable or not?
Classification : This section is Non-bailable, Cognizable and Non-compoundable.
What is Section 227 of the criminal Code?
Conspiracy to defile. Any person who conspires with another to induce any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful carnal knowledge of her, is guilty of a felony, and is liable to imprisonment for three years.
What does Article 239 entail?
Voluntary agreement to remove the veto from all questions involving pacific settlements of international disputes and situations, and from the admission of new members.
How is Article 239AA interpreted by courts?
Regarding the interpretation of Article 239AA, the court specifically noted that the Constitution Bench's consideration was limited to the "scope of legislative and executive powers of the Centre and NCTD concerning 'Services'." In other words, the court had to determine whether the legislative and executive control ...
What is article 239A about?
Article 239A: Creation of local Legislatures or Council of Ministers or both for certain Union territories - Constitution of India. Each Part collates Articles on specific themes.