Section 321 CrPC: Withdrawal from prosecution

Code of Criminal Procedure, 1973

Section 321 CrPC at a Glance

Section 321 CrPC deals with withdrawal from prosecution. From 1 July 2024 it is replaced by Section 360 BNSS.

Now BNSS

Section 360 →

What Section 321 CrPC Says

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.

Source: Section 321, Code of Criminal Procedure, 1973

Section 321 CrPC in Simple Words

Section 321 of the Code of Criminal Procedure, 1973 lets the Public Prosecutor or Assistant Public Prosecutor in charge of a case, 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, at any time before the judgment is pronounced.

If the withdrawal is made before a charge has been framed, the accused is discharged, and if it is made after a charge has been framed, or when under the Code no charge is required, he is acquitted.

A proviso requires the permission of the Central Government in specified cases where the Prosecutor in charge has not been appointed by the Central Government.

When Section 321 CrPC Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Time Limits Under Section 321 CrPC

  • 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”

Example of Section 321 CrPC

Ramesh is being tried in the Court for an offence involving damage to property belonging to the Central Government. Meera, the Assistant Public Prosecutor in charge of the case, was not appointed by the Central Government. After a charge has been framed against Ramesh, Meera decides to withdraw from the prosecution under Section 321 of the Code of Criminal Procedure, 1973. Because the offence involves damage to Central Government property and Meera was not appointed by the Central Government, the proviso to Section 321 CrPC applies. Meera obtains permission from the Central Government and moves the Court for its consent before the judgment is pronounced. The Court directs Meera to produce the Central Government permission, grants its consent, and Ramesh is acquitted under Section 321(b) CrPC.

When Section 321 CrPC Does Not Apply

  • Section 321 of the Code of Criminal Procedure, 1973 does not allow 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 321 CrPC does not apply once the judgment in the case has already been pronounced, because withdrawal is allowed only before the pronouncement of judgment.
  • Under the proviso to Section 321 CrPC, a Prosecutor who has not been appointed by the Central Government cannot move the Court for consent to withdraw in any of the specified Central offences unless permitted by the Central Government to do so.

Section 321 CrPC Under BNSS 360: What Changed

Section 321 CrPC is now covered under Section 360 BNSS.

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.

View detailed comparison (CrPC 321 vs BNSS 360) →

FAQs on Section 321 CrPC

Who may withdraw from a prosecution under Section 321 CrPC, and is the consent of the Court needed?▼

Only the Public Prosecutor or the Assistant Public Prosecutor in charge of a case may withdraw from the prosecution under Section 321 of the Code of Criminal Procedure, 1973. The withdrawal may be made only with the consent of the Court, at any time before the judgment is pronounced. The withdrawal may be made generally for the whole case or for any one or more of the offences tried.

When does withdrawal under Section 321 CrPC result in discharge, and when does it result in acquittal?▼

The legal consequence of a withdrawal under Section 321 CrPC depends on whether a charge has been framed. Under Section 321(a) CrPC, if the withdrawal is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences. Under Section 321(b) CrPC, if the withdrawal is made after a charge has been framed, or when under the Code no charge is required, the accused shall be acquitted in respect of such offence or offences.

In which offences does the proviso to Section 321 CrPC require permission from the Central Government?▼

The proviso to Section 321 CrPC requires Central Government permission when the Prosecutor in charge was not appointed by the Central Government and the offence was against a law relating to a matter within the Union's 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 the discharge of official duty.

What duty does the proviso to Section 321 CrPC place on the Prosecutor and the Court when Central Government permission is required?▼

Where the proviso to Section 321 CrPC applies because the offence falls in a covered Central category and the Prosecutor in charge was not appointed by the Central Government, the Prosecutor shall not move the Court for its consent to withdraw unless permitted by the Central Government to do so. Before according consent, the Court shall direct the Prosecutor to produce that permission before it.

Where is the provision for withdrawal from prosecution under Section 321 CrPC found from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. The provision on withdrawal from prosecution in Section 321 CrPC is found from 1 July 2024 in Section 360 BNSS, with Section 321(a) CrPC and Section 321(b) CrPC in Section 360(a) BNSS and Section 360(b) BNSS, and the proviso to Section 321 CrPC in the first proviso to Section 360 BNSS.

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