Section 360 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Withdrawal From Prosecution.

Code: Section 360 BNSS

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.

Explanation of Section 360 BNSS

Section 360 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 grants the Public Prosecutor (PP) or Assistant Public Prosecutor (APP) the power to withdraw from prosecution under certain conditions. However, this withdrawal is subject to court approval and consideration of the victim’s interest.

Key Provisions

1. Who Can Withdraw Prosecution?

   • The Public Prosecutor (PP) or Assistant Public Prosecutor (APP) handling the case.
   • The withdrawal must be approved by the Court before the judgment is pronounced.

2. Stages of Withdrawal & Their Consequences

   • Before a charge is framed → The accused is discharged (trial does not proceed).
   • After a charge is framed → The accused is acquitted (trial stops, and no further proceedings can take place).

3. Restrictions on Withdrawal (Central Government Cases)

   • If the case relates to the Union Government’s executive powers, the Central Government’s permission is required.
   • This includes cases that:
     • Involve misappropriation or destruction of government property.
     • Concern offences under Central laws.
     • Were investigated under a Central Act.
     • Were committed by a government employee in the discharge of official duties.

4. Rights of the Victim

   • The victim must be heard before the court allows withdrawal.
   • This ensures that the withdrawal does not violate the victim’s rights or protect the accused unjustly.

Illustration

Example 1: Withdrawal Before Charge Framing

A person is accused of theft (Section 302 BNSS), but during the investigation, the Public Prosecutor finds lack of evidence and requests withdrawal before a charge is framed. The Court approves the withdrawal, and the accused is discharged.

Example 2: Withdrawal After Charge Framing

A businessman is accused of corporate fraud (Section 314 BNSS). The Public Prosecutor realizes key witnesses have turned hostile after the charge is framed and moves for withdrawal of prosecution. Since a charge is already framed, the Court acquits the accused upon approval.

Example 3: Withdrawal in a Government-Related Case

A government officer is accused of misappropriating funds from a Central Government scheme. The Public Prosecutor cannot withdraw the case without permission from the Central Government. The Court asks the Prosecutor to produce official permission before approving withdrawal.

Common Questions and Answers on Section 360 BNSS

1. Can a Public Prosecutor withdraw a case at any time?

No. The withdrawal must occur before judgment, and the Court must approve the request.

2. Does the victim have any say in the withdrawal?

Yes. The Court must hear the victim’s objections before allowing withdrawal.

3. What is the difference between discharge and acquittal in this context?

• Discharge (before charge framing) → The accused is released, but prosecution can be restarted later.
• Acquittal (after charge framing) → The accused cannot be retried for the same offence.

4. Can a Public Prosecutor withdraw any case without restrictions?

No. Cases involving the Central Government require special permission before withdrawal is allowed.

5. What if the Court does not approve the withdrawal?

If the Court denies the request, the trial will continue as usual.

Conclusion

Section 360 BNSS balances prosecutorial discretion with judicial oversight and victim rights. While Public Prosecutors can withdraw cases, this power is not absolute—the Court must approve the request, and in cases involving the Central Government, special permissions are required. The law also protects victims’ interests, preventing unjustified case dismissals.

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