My case ended with a DNAA in Malaysia. What does "discharge not amounting to an acquittal" mean?

"DNAA" is a phrase many people first hear in court. It sounds like good news, and in a sense it is: the case against you has stopped. But it is not the same as being found not guilty, and it is important to understand what it means for you.

What is a DNAA?

Under section 254 of the Criminal Procedure Code:

• at any stage of a trial before judgment, the Public Prosecutor may inform the court that he will not further prosecute; proceedings are then stayed and the accused is discharged;
• in the Sessions and Magistrates' Courts, the prosecuting officer may do so with the court's leave;
• such discharge does not amount to an acquittal unless the court so directs (section 254(3)).

So there are two possible outcomes:

• DNAA: discharge not amounting to an acquittal. You may be charged again for the same offence.
• DAA: discharge amounting to an acquittal. This has the effect of an acquittal, so you generally cannot be tried again for the same offence.

Why does the prosecution ask for a DNAA?

Common reasons include:

• a key witness cannot be found;
• investigations are incomplete, such as awaiting a chemist or forensic report;
• the prosecution is reviewing the case following representations.

Can I ask for a DAA instead?

Yes, your lawyer can ask the court to order a DAA. The court decides, considering matters such as:

• the reasons given by the prosecution;
• how long the case has been pending;
• whether the accused would be prejudiced by the case hanging over them;
• whether there is any real prospect of the case resuming.

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Can I be charged again?

After a DNAA, yes, you may be recharged. Section 254A deals with reinstatement: where an accused has been discharged and is recharged for the same offence, the trial may be reinstated and continued as if no discharge had been given, in the circumstances set out in that section (for example where witnesses had already given evidence).

What happens to my bail and passport?

• Bail money: after a discharge, the bail bond is usually discharged and the deposit may be refunded. Ask the court registry or your lawyer about the process.
• Passport: if your passport was surrendered as a bail condition, ask how to retrieve it.
• Keep a copy of the court order showing the discharge.

Does a DNAA leave a criminal record?

A DNAA is not a conviction. However, records of the arrest and charge may still exist in police systems. See removing a criminal record.

Common mistakes

• Assuming a DNAA means the case is permanently over.
• Destroying documents or deleting evidence after a DNAA. The case may resume.
• Not collecting the bail deposit and passport.
• Contacting witnesses about the case. That can be seen as interference.

When to speak to a lawyer

When the prosecution indicates it will seek a DNAA, so that a DAA can be argued if appropriate, or if you are recharged after a DNAA. You can contact us; every case depends on its facts.

Frequently asked questions

Is a DNAA good news?

It ends the current proceedings, but the risk of being charged again remains.

How long can the prosecution wait before recharging me?

The Criminal Procedure Code does not set a simple time limit for this. Your lawyer can raise delay and prejudice if you are recharged.

Can I travel after a DNAA?

Bail conditions usually end with the discharge, but check that no other order or travel restriction applies.

Can I sue for wrongful prosecution after a DNAA?

Claims such as malicious prosecution have strict requirements. Take advice on your facts.

Will the DNAA appear in background checks?

It depends on the check. A DNAA is not a conviction, but records of the charge may exist.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia
2. Federal Constitution, Article 5 (liberty of the person), AGC Laws of Malaysia

Fact-checked on 17 Oct 2026