BNSS Section 360: Withdrawal from Prosecution
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 360
Explanation: This section outlines the process for a Public Prosecutor or Assistant Public Prosecutor to withdraw from prosecuting a case. This can be done either entirely or for specific charges. The decision to withdraw must be made with the consent of the Court.
- Before Charge Framing: If withdrawal happens before a charge is formally presented, the accused is discharged from those charges.
- After Charge Framing: If the withdrawal occurs after charges are filed, or in cases where charges aren’t required, the accused is acquitted of those specific charges.
Restrictions on Withdrawal: Certain conditions restrict the prosecutor’s ability to withdraw without specific permission from the Central Government:
- Offences against laws relating to matters under the Union’s executive power.
- Cases investigated under Central Acts.
- Cases involving misappropriation, destruction, or damage to Central Government property.
- Offences committed by Central Government employees while on duty.
In these cases, the Prosecutor must obtain permission from the Central Government before seeking the Court’s consent to withdraw. The Court will then review the permission before granting consent.
Victim’s Rights: The code ensures the victim’s right to be heard before the Court considers allowing withdrawal.
Illustration:
Imagine a case where a person is charged with theft and assault. The Public Prosecutor, after reviewing evidence, believes the assault charge lacks sufficient proof. The Prosecutor can apply to the Court to withdraw from prosecuting the assault charge. If the Court approves, the accused will be acquitted of the assault charge but still face trial for theft.
Common Questions and Answers:
Q: Can the Prosecutor withdraw from a case without the Court’s consent?
A: No. The Court’s consent is mandatory for withdrawal, regardless of whether the case is under Central Government jurisdiction or not.
Q: Can the victim object to the Prosecutor’s withdrawal request?
A: Yes. The Court must give the victim an opportunity to be heard before deciding on the withdrawal.
Q: What happens if the Central Government denies permission to withdraw from a case?
A: If the Central Government denies permission, the Prosecutor cannot withdraw the case, even with the Court’s consent.
