Section 247 BNSS: Withdrawal of remaining charges on conviction on one of several charges

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 247 BNSS at a Glance

Section 247 BNSS deals with withdrawal of remaining charges on conviction on one of several charges. It replaced Section 224 CrPC on 1 July 2024.

Was CrPC

Section 224 →

Section 247 BNSS Bare Act Text

247. Withdrawal of remaining charges on conviction on one of several charges

When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.

Source: Section 247, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 247 BNSS in Simple Words

Section 247 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a charge containing more heads than one framed against the same person, where a conviction has been had on one or more of them.

The complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges.

When Section 247 BNSS Applies

  • Section 247 BNSS applies when a charge containing more heads than one is framed against the same person, and a conviction has been had on one or more of them.
  • The complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges.
  • The Court of its own accord may stay the inquiry into, or trial of, such charge or charges.
  • Such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside.
  • If the conviction is set aside, the said Court, subject to the order of the Court setting aside the conviction, may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.

Example of Section 247 BNSS

A charge containing more heads than one is framed against Naveen, and a conviction has been had on one of them. The complainant, with the consent of the Court, withdraws the remaining charge. Under Section 247 BNSS, the withdrawal shall have the effect of an acquittal on the remaining charge, unless the conviction be set aside. If the conviction is set aside, the Court, subject to the order of the Court setting aside the conviction, may proceed with the inquiry into, or trial of, the charge so withdrawn.

When Section 247 BNSS Does Not Apply

  • Section 247 BNSS speaks of the remaining charges after a conviction on one or more heads of a charge. It does not deal with who conducts the prosecution in a trial before a Court of Session, which Section 248 BNSS covers.
  • Section 247 BNSS speaks of the withdrawal or stay of the remaining charges. It does not deal with altering or adding to a charge, which Section 239 BNSS covers.

Section 247 BNSS in the CrPC (Previous Law)

Section 247 BNSS replaces Section 224 CrPC from the old criminal code.

Section 247 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same heading and the same text as Section 224 of the Code of Criminal Procedure, 1973. Only the section number and the name of the Code differ.

View CrPC Section 224 →

FAQs on Section 247 BNSS

Who may withdraw the remaining charges under Section 247 BNSS?▼

The complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges.

What is the effect of a withdrawal under Section 247 BNSS?▼

Such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside.

May the Court stay the inquiry or trial of the remaining charges under Section 247 BNSS?▼

Yes. The Court of its own accord may stay the inquiry into, or trial of, such charge or charges.

What changed from Section 224 CrPC to Section 247 BNSS from 1 July 2024?▼

Section 247 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same heading and the same text as Section 224 of the Code of Criminal Procedure, 1973. Only the section number and the name of the Code differ.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·