Section 360 BNSS: Withdrawal from prosecution

Section 360 BNSS Bare Act Text

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.

Source: Section 360, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 360 BNSS in Simple Words

When Section 360 BNSS Applies

• 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.
• 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BNSS is made before a charge has been framed, the accused person shall be discharged from the offence or offences withdrawn.
• 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under the Sanhita where no formal charge is required, the accused person shall be acquitted of the offence or offences withdrawn.
• 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.
• 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.
• 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 Under Section 360 BNSS

• 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”

Example of Section 360 BNSS

When Section 360 BNSS Does Not Apply

• Section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not permit a withdrawal from prosecution by anyone other than the Public Prosecutor or Assistant Public Prosecutor in charge of the case, or without the consent of the Court.
• Section 360 BNSS does not apply after the judgment in the case has been pronounced, as withdrawal may take place only before the pronouncement of judgment.
• Under the first proviso to Section 360 BNSS, a Prosecutor who has not been appointed by the Central Government cannot move the Court for consent to withdraw in any of the covered Central offences unless permitted by the Central Government to do so.
• Under the second proviso to Section 360 BNSS, a Court cannot allow a withdrawal from prosecution if the victim in the case has not been given an opportunity of being heard.

Section 360 BNSS in the CrPC (Previous Law)

FAQs on Section 360 BNSS

Sections Related to Section 360 BNSS