Discharge, Acquittal, Conviction and Release under BNSS

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.

LEGAL LATIN TERMS

*1. Actus reus* – the guilty act.

*2. Mens rea* – the guilty mind.

*3. Stare decisis* – stand by decisions; precedent.

*4. Ratio decidendi* – the reasoning behind a judgment.

*5. Obiter dictum* – remarks made in passing, not essential to the decision.

*6. Bona fide* – in good faith.

*7. Prima facie* – at first sight; sufficient to establish a fact unless disproved.

*8. Res ipsa loquitur* – the thing speaks for itself; inference of negligence.

*9. Habeas corpus* – produce the body; a writ to challenge unlawful detention.

*10. Ultra vires* – beyond the powers granted.

*11. Ejusdem generis* – of the same kind; used to interpret lists.

*12. Noscitur a sociis* – a word is known by the company it keeps.

*13. Contra proferentem* – ambiguous terms are construed against the drafter.

*14. Quantum meruit* – as much as he has earned; claim for reasonable value of services.

*15. Sui generis* – unique, in a class of its own.

*16. Amicus curiae* – friend of the court; a person who offers information or argument.

*17. Certiorari* – a writ ordering a lower court to send records for review.

*18. Mandamus* – a command from a higher court to a lower authority.

*19. Quo warranto* – by what authority; challenges to a person’s right to hold office.

*20. Pro bono* – for the public good; free legal services.

*21. In loco parentis* – in the place of a parent.

*22. Inter alia* – among other things.

*23. Sine die* – without a day; indefinitely postponed.

*24. Ex parte* – on behalf of one party only; without the other side being heard.

*25. Ad hoc* – for a specific purpose.

*26. Per se* – by itself; inherently.

*27. Ipso facto* – by the fact itself; automatically.

*28. Locus standi* – the right to bring a legal action.

*29. Res judicata* – a matter already judged; cannot be re‑litigated.

*30. Corpus delicti* – the body of the crime; essential facts proving a crime occurred.

*31. Caveat emptor* – let the buyer beware.

*32. Fiduciary* – a person who must act in another’s best interest.

*33. Estoppel* – a principle preventing someone from asserting a claim inconsistent with prior conduct.

*34. Jus ad bellum* – the right to war; legal justification for using force.

*35. Jus in bello* – law of war; rules governing conduct during conflict.

*36. Pacta sunt servanda* – agreements must be kept.

*37. Rebus sic stantibus* – things standing thus; doctrine allowing contract revision if circumstances change drastically.

*38. Force majeure* – superior force; unforeseeable events excusing performance.

*39. Subpoena* – a court order to appear or produce evidence.

*40. De facto* – in fact; actual situation, even if not legally recognized.

*41. De jure* – by law; legally recognized.

*42. Ab initio* – from the beginning.

*43. In toto* – in whole; entirely.

*44. Mutatis mutandis* – with necessary changes having been made.

*45. Nulla poena sine lege* – no punishment without law.

*46. Nullus commodum capere potest ex sua injuria propria* – no one can benefit from his own wrongdoing.

*47. Ratio legis* – the reason for a law.

*48. Scandalum magnatum* – defamation of high‑ranking persons.

*49. Ultra posse* – beyond ability; cannot be required.

*50. Vicarious liability* – liability for the actions of another (e.g., employer for employee).

SPECIAL LEAVE PETITION (SLP)

📌 *About:*

◾ *Definition:* SLP is an appeal mechanism to the Supreme Court of India provided under Article 136 of the Constitution of India, 1950. 

◾ *Scope:* Can be filed against any judgment, order, decree, or determination of any court or tribunal in India, except matters related to armed forces. 

◾ *Nature:* Permits Supreme Court to hear appeals even when no direct right of appeal exists. 

◾ *Discretionary Power:* Supreme Court has complete discretion to grant or deny special leave. 

◾ *Application:* Available in both civil and criminal cases. 

📌 *Historical Background:*

◾ *Origin:* Concept derived from the Government of India Act, 1935. 

◾ *Evolution:* Term "special leave" appeared in Sections 110, 205, 206, and 208 of the 1935 Act. 

◾ *Privy Council Connection:* Originally, special leave was granted by the Privy Council's Judicial Committee under His Majesty-in-Council. 

◾ *Constitutional Adoption:* The Indian Constitution incorporated this concept with modifications under Article 136. 

📌 *Key Features of SLP:*

◾ *Last Resort:* Filed after all other legal remedies are exhausted. 

◾ *Perceived Injustice:* Usually filed when there is perceived injustice or significant legal issue. 

◾ *Conversion to Appeal:* If leave is granted, the petition becomes an appeal; if denied, no reasons need be given. 

◾ *Constitutional Right:* Supreme Court recognized SLP remedy under Article 136 as a constitutional right. 

◾ *Non Obstante Provision:* Article 136 is a non obstante clause, meaning it overrides restrictions on appellate jurisdiction. 

📌 *Scope and Applicability:* 

◾ *Broad Coverage:* Includes final and interlocutory orders from courts and quasi-judicial tribunals. 

◾ *Exceptional Circumstances:* Supreme Court exercises this power in exceptional cases, particularly when legal issues of general public importance arise. 

◾ *Self-Imposed Restrictions:* In criminal cases with concurrent findings of fact, Court exercises restraint unless there's perversity, impropriety, violation of natural justice, or errors of law. 

◾ *No Strict Guidelines:* Supreme Court has refused to establish rigid standards for exercising Article 136 powers, preferring case-by-case discretion. 

📌 *Limitation Period:*

◾ *90-Day Rule:* SLPs must be filed within 90 days from the date of High Court judgment. 

◾ *60-Day Rule:* Within 60 days against High Court orders refusing certificate of fitness for appeal to Supreme Court. 

📌 *Filing Procedure:*

◾ *Who Can File:* Any aggrieved party can file an SLP. 

◾ *Requirements:* Must provide concise summary of case facts, issues, timeline, and legal arguments. 

◾ *Court Process:* After filing, petitioner presents case; Court may issue notice to opposing party who submits counter-affidavit. 

◾ *Decision:* Supreme Court decides whether to grant leave based on merits. 

◾ *Post-Grant:* If granted, case converts to civil appeal and is heard by Supreme Court. 

📌 *Common Grounds for Filing:*

        - Substantial question of law 

        - Gross miscarriage of justice 

        - Violation of principles of natural justice 

        - Violation of fundamental rights 

◾ *Article 136 Provisions:*

       - *Clause (1):* Supreme Court may grant special leave to appeal from any judgment, decree, determination, sentence, or order of any court/tribunal in India. 

       - *Clause (2):* Excludes judgments/orders from courts/tribunals under laws relating to Armed Forces. 

📌 *Landmark Cases:*

◾ *Pritam Singh v. The State (1950):* Supreme Court should intervene only in exceptional circumstances. 

◾ *Laxmi & Co. v. Anand R. Deshpande (1972):* Court may consider subsequent developments to advance justice. 

◾ *Kerala State v. Kunhayammed (2000):* Declining to grant leave doesn't invoke appellate jurisdiction. 

◾ *N. Suriyakala v. A. Mohandoss (2007):* Article 136 doesn't establish ordinary appeal court but grants discretionary powers for justice. 

◾ *Mathai Joby v. George (2016):* Supreme Court's authority should not be limited but used sparingly and sensibly.