Supreme Court: Release is better than acquittal

NEW DELHI: Finding the release of accused in criminal cases “better” than acquittal, the Supreme Court has held that no disciplinary or administrative action can be taken against the acquitted persons.Dispelling the myth that an accused would be labeled as an accused unless he is acquitted, Justices Dipankar Datta and KV Viswanathan said this understanding of the law was wrong. “The law does not provide that unless an accused is acquitted, he must still bear the label of the criminal offense he was charged with on his forehead. Once an accused is acquitted, he is entitled to all the benefits available to an acquitted person and cannot be placed at a disadvantage,” the SC said.The court said acquittal had a higher status than acquittal. “Acquittal occurs at the end of the trial process, either on technical grounds or on suspicion, or (because) the prosecution is unable to prove the charges against the accused; but when the accused is released, it means that there is no material to justify the initiation of a criminal trial against the accused. Once he is released, he ceases to be an accused,” the judge said, referring to the SC’s previous judgment. “Discharge means the termination of proceedings before trial due to lack of evidence. Once ordered, release means and reinforces the position that no material is available against the accused before he can stand trial,” the Supreme Court judge said.