BNSS 360 — Withdrawal from prosecution.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

The Public Prosecutor or Assistant Public Prosecutor in charge
of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from
the prosecution of any person either generally or in respect of any one or more of the offences for which he
is tried; and, upon such withdrawal,—
(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such
offence or offences;
(b) if it is made after a charge has been framed, or when under this Sanhita no charge is required,
he shall be acquitted in respect of such offence or offences:
Provided that where such offence—
(i) was against any law relating to a matter to which the executive power of the Union extends; or
(ii) was investigated under any Central Act; or
(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the
Central Government; or
(iv) was committed by a person in the service of the Central Government while acting or purporting
to act in the discharge of his official duty,
and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not,
unless  he  has  been  permitted  by  the  Central  Government  to  do  so,  move  the  Court  for  its  consent  to
withdraw  from  the  prosecution  and  the  Court  shall,  before  according  consent,  direct  the  Prosecutor  to
produce before it the permission granted by the Central Government to withdraw from the prosecution:
Provided  further  that  no  Court  shall  allow  such  withdrawal  without  giving  an  opportunity  of  being
heard to the victim in the case.

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