Section 280 BNSS: Withdrawal of complaint

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 280 BNSS at a Glance

Section 280 BNSS deals with withdrawal of complaint. It replaced Section 257 CrPC on 1 July 2024.

Was CrPC

Section 257 →

Section 280 BNSS Bare Act Text

280. Withdrawal of complaint

If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

Source: Section 280, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 280 BNSS in Simple Words

Section 280 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the withdrawal of a complaint in any case under this Chapter.

A complainant may, at any time before a final order is passed, satisfy the Magistrate that there are sufficient grounds for permitting the complainant to withdraw the complaint against the accused, or if there be more than one accused, against all or any of them.

The Magistrate may permit the withdrawal and shall thereupon acquit the accused against whom the complaint is so withdrawn.

When Section 280 BNSS Applies

  • Section 280 BNSS is for a complainant in any case under this Chapter.
  • The complainant satisfies the Magistrate that there are sufficient grounds for permitting the complainant to withdraw the complaint against the accused, or if there be more than one accused, against all or any of them.
  • The Magistrate may permit the complainant to withdraw the complaint, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

Time Limits Under Section 280 BNSS

  • The complainant may seek to withdraw the complaint at any time before a final order is passed.Act text: “at any time before a final order is passed”

Example of Section 280 BNSS

Meera files a complaint against Kavita and Arjun. Before a final order is passed, Meera satisfies Magistrate Iyer that there are sufficient grounds for permitting Meera to withdraw the complaint against Kavita. Magistrate Iyer may permit the withdrawal and shall thereupon acquit Kavita. The complaint against Arjun is not withdrawn, and Magistrate Iyer acquits only the accused against whom the complaint is so withdrawn.

When Section 280 BNSS Does Not Apply

  • Section 280 BNSS speaks of a complaint withdrawn by the complainant with the permission of the Magistrate. It does not deal with the stopping of proceedings in a summons-case instituted otherwise than upon complaint, which Section 281 BNSS covers under the heading Power to stop proceedings in certain cases.
  • Section 280 BNSS speaks of an acquittal on withdrawal of the complaint. It does not deal with an order of acquittal on a finding that the accused is not guilty after the evidence is taken, which Section 278 BNSS covers under the heading Acquittal or conviction.

Section 280 BNSS in the CrPC (Previous Law)

Section 280 BNSS replaces Section 257 CrPC from the old criminal code.

Section 257 of the Code of Criminal Procedure, 1973 is found in Section 280 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Both carry the heading Withdrawal of complaint and the same text.

View CrPC Section 257 →

FAQs on Section 280 BNSS

Who may withdraw a complaint under Section 280 BNSS?▼

Under Section 280 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a complainant in any case under this Chapter may satisfy the Magistrate that there are sufficient grounds for permitting the complainant to withdraw the complaint.

Until when may a complaint be withdrawn under Section 280 BNSS?▼

Section 280 BNSS says the complainant may do so at any time before a final order is passed in any case under this Chapter.

What happens to the accused when the Magistrate permits the withdrawal?▼

The Magistrate shall thereupon acquit the accused against whom the complaint is so withdrawn. If there be more than one accused, the withdrawal may be against all or any of them.

What changed from Section 257 CrPC to Section 280 BNSS from 1 July 2024?▼

Section 280 BNSS has the same heading and the same text as Section 257 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·