1. Discharge
Discharge means that at an early stage of the proceedings, the Court finds that there are no sufficient grounds to proceed against the accused. Therefore, the accused is released without framing charges.
• It takes place before the framing of charges under Section 227 BNSS.
• The effect of discharge is that the accused is set free and no further proceedings convtinue at that stage.
- However, there is no bar to a fresh prosecution if proper grounds are later discovered.
• The State may challenge the order of discharge by filing a revision petition under Section 228 BNSS.
2. Acquittal
Acquittal means that after a full trial and appreciation of evidence, the court finds the accused not guilty and sets him free.
• It is governed by Section 354 BNSS.
• Acquittal is based on the prosecution's failure to prove the case beyond reasonable doubt.
• The accused is honourably cleared of the charges.
• An acquittal creates a bar against re-trial under the principle of Double Jeopardy (Section 403 BNSS).
• However, the State may file an appeal against the acquittal with the leave of the Higher Court under Section 378(3) BNSS.
3. Conviction
Conviction means that after a full trial, the court finds the accused guilty of the offence charged.
• It is governed by Section 353 BNSS.
• A conviction is recorded only when the prosecution successfully proves the case beyond reasonable doubt.
• The effect of conviction is that the accused is held guilty and punished according to law.
• There is no question of re-trial, and the conviction remains valid unless it is set aside by an appellate court.
• The accused has the right to appeal against the conviction and sentence under Section 374 BNSS.
4. Release
Release means that the accused is set free from custody without being tried on merits.
• It is an order for liberation from custody and may be granted before trial, during trial, or even after conviction, depending upon the provisions of law.
• It is generally granted on grounds such as bail, personal bond, probation of offenders, compounding of offences, or other legal provisions (e.g., Sections 479, 480, and 473 BNSS).
• Release only frees the accused from custody; the criminal case may still continue.
• Since the matter has not been decided on merits, there is no bar to further proceedings.
• Either party may challenge the release order through appropriate legal remedies, including revision under Section 482 BNSS.
