Report No. 154

55. Amendment in section 227

Whereas under section 227, the Court of Sessions is required to consider the record of the case and the documents submitted therewith; viz., the Police Report and the documents sent with it under section 173, Cr. P.C. and after hearing the submissions of the accused as the Court may think necessary, may discharge the accused. It implies that the record produced by the prosecution is only considered by the Court at this stage.

Do you agree that if accused is able to produce such documentary evidence at the preliminary stage itself which shall be admitted or denied by the prosecution, and if so admitted by the prosecution, on the basis of such documentary evidence produced by the accused, the Court may discharge the accused under section 227, without letting the accused to undergo the dilatory trial and then acquitting him on that basis?

56. Amendment in sections 227 and 229

Should delay in disposal of criminal cases entitle an accused to be discharged in respect of the offence being prosecuted? If so, what should be the norms for measurement of delay what other factors should be considered while discharging an accused on such grounds under sections 227 and 229?