CrPC 321→BNSS 360

CrPC 321 to BNSS 360: Withdrawal from prosecution

Section 321 CrPC (1973) replaced by Section 360 BNSS (2023)

View CrPC Section 321 →View BNSS Section 360 →

CrPC 321 to BNSS 360 at a Glance

Section 321 CrPC (Withdrawal from prosecution) is now Section 360 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 321 to BNSS 360?

Section 321 of the Code of Criminal Procedure, 1973 became Section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The rule on withdrawal before judgment with the Court's consent, the discharge and acquittal outcomes, and the other Central Government permission categories are unchanged. The first proviso widens the investigation category from offences investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 to offences investigated under any Central Act. A new second proviso bars any Court from allowing withdrawal without giving the victim an opportunity of being heard. Renumbering and replacing Code with Sanhita are changes of form.

CrPC 321 vs BNSS 360: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section321360
HeadingWithdrawal from prosecutionSame

CrPC 321 and BNSS 360: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 321, CrPC 1973

321. Withdrawal from prosecution.—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 Code 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 by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946), 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.
BNSS 2023 (in force)

Section 360, BNSS 2023

360. Withdrawal from prosecution.—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.

When It Applies: CrPC 321 vs BNSS 360

Under CrPC 321
  1. Under Section 321 of the Code of Criminal Procedure, 1973, the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, 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.
  2. When a withdrawal under Section 321(a) CrPC takes place before the Court has framed a charge, the accused person shall be discharged from the offence or offences withdrawn.
  3. When a withdrawal under Section 321(b) CrPC takes place after a charge is framed, or in a proceeding under the Code where no formal charge is needed, the accused person shall be acquitted of the offence or offences withdrawn.
  4. A proviso to Section 321 CrPC limits withdrawal when the Prosecutor in charge was not appointed by the Central Government and the offence broke a law within Union executive power, was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946, involved misappropriation, destruction, or damage to Central Government property, or was committed by a Central Government servant acting or purporting to act in official duty, by barring the Prosecutor from seeking the Court's consent without Central Government permission.
  5. Where the proviso to Section 321 CrPC applies, the Court shall, before giving its consent to the withdrawal, direct the Prosecutor to produce the Central Government's permission before it.
Under BNSS 360
  1. Under Section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Public Prosecutor or Assistant Public Prosecutor handling a case may, with the Court's consent, withdraw from prosecuting a person either for the whole case or for any one or more of the offences tried.
  2. When a withdrawal under Section 360(a) BNSS is made before a charge has been framed, the accused person shall be discharged from the offence or offences withdrawn.
  3. When a withdrawal under Section 360(b) BNSS is made after a charge has been framed, or in a case under the Sanhita where no formal charge is required, the accused person shall be acquitted of the offence or offences withdrawn.
  4. Under the first proviso to Section 360 BNSS, which restricts withdrawal when the Prosecutor in charge was not appointed by the Central Government and the offence was against a law within Union executive power, was investigated under any Central Act, involved misappropriation, destruction, or damage to Central Government property, or was committed by a Central Government servant acting or purporting to act in official duty, the Prosecutor shall not seek the Court's consent without Central Government permission.
  5. In cases covered by the first proviso to Section 360 BNSS, the Court shall, before giving its consent to the withdrawal, direct the Prosecutor to produce the Central Government's permission before it.
  6. Under the second proviso to Section 360 BNSS, no Court shall allow a withdrawal from prosecution without giving an opportunity of being heard to the victim in the case.

Time Limits: CrPC 321 to BNSS 360

Under CrPC 321
  • A withdrawal from prosecution under Section 321 of the Code of Criminal Procedure, 1973 may be made at any stage of the proceeding up to the point before the Court pronounces its judgment.Act text: “at any time before the judgment is pronounced”
Under BNSS 360
  • A withdrawal from prosecution under Section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may be made at any stage of the case up to the point before the Court pronounces its judgment.Act text: “at any time before the judgment is pronounced”

What CrPC 321 to BNSS 360 Means in Practice

Under Section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as compared to Section 321 of the Code of Criminal Procedure, 1973, no Court shall allow a withdrawal from prosecution without giving the victim in the case an opportunity of being heard. Furthermore, a Prosecutor not appointed by the Central Government shall not move the Court for consent to withdraw without Central Government permission whenever the offence was investigated under any Central Act, rather than only by the Delhi Special Police Establishment.

FAQs: CrPC 321 to BNSS 360

Where is Section 321 CrPC found from 1 July 2024, and is the core withdrawal rule preserved?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, and the provision in Section 321 CrPC is found in Section 360 BNSS. Section 360 BNSS preserves the rule that the Public Prosecutor or Assistant Public Prosecutor in charge of a case may withdraw before judgment is pronounced with the consent of the Court, resulting in discharge before charge framing or acquittal after charge framing.

How did the victim's position change between Section 321 CrPC and Section 360 BNSS?▼

Section 321 CrPC did not contain a proviso requiring the Court to hear the victim before consenting to a withdrawal from prosecution. Section 360 BNSS adds a second proviso stating that no Court shall allow such withdrawal without giving an opportunity of being heard to the victim in the case.

How did the Central Government permission rule change in the first proviso to Section 360 BNSS?▼

Under the proviso to Section 321 CrPC, one category requiring Central Government permission applied where the offence was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946. In the first proviso to Section 360 BNSS, that category covers any offence that was investigated under any Central Act. In both provisions, the requirement applies when the Prosecutor in charge was not appointed by the Central Government.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·