Section 257 CrPC: Withdrawal of complaint

Code of Criminal Procedure, 1973

Section 257 CrPC at a Glance

Section 257 CrPC deals with withdrawal of complaint. From 1 July 2024 it is replaced by Section 280 BNSS.

Now BNSS

Section 280 →

What Section 257 CrPC Says

257. 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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.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 257, Code of Criminal Procedure, 1973

Section 257 CrPC in Simple Words

Section 257 of the Code of Criminal Procedure, 1973 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The Magistrate may permit the withdrawal and shall thereupon acquit the accused against whom the complaint is so withdrawn.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 257 CrPC Applies

  • Section 257 CrPC 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the complainant to withdraw the complaint, and shall thereupon acquit the accused against whom the complaint is so withdrawn.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 257 CrPC

  • 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 257 CrPC

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 The complaint against Anil is not withdrawn, and Magistrate Rao acquits only the accused against whom the complaint is so withdrawn.

When Section 257 CrPC Does Not Apply

  • Section 257 CrPC 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 258 CrPC covers under the heading Power to stop proceedings in certain cases.
  • Section 257 CrPC 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 255 CrPC covers under the heading Acquittal or conviction.

Section 257 CrPC Under BNSS 280: What Changed

Section 257 CrPC is now covered under Section 280 BNSS.

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 detailed comparison (CrPC 257 vs BNSS 280) →

FAQs on Section 257 CrPC

Who may withdraw a complaint under Section 257 CrPC?▼

Under Section 257 of the Code of Criminal Procedure, 1973, 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 257 CrPC?▼

Section 257 CrPC 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.

Where is Section 257 CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 257 CrPC has no sub-sections, and maps as a whole to Section 280 BNSS. Both carry the heading Withdrawal of complaint.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·