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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVI: General Provisions As To Inquiries And Trials

Section 360 BNSS: Withdrawal from prosecution

Corresponding CrPC
Section 321 CrPC

Bare Act text

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;

Provided that where such offence—

(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:

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

A Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the Court's consent and before judgment, withdraw from the prosecution of any person generally or for particular offences. If made before charge the accused is discharged; if made after charge, or where no charge is required, the accused is acquitted. A proviso adds requirements for cases involving the Union's executive power or Central agencies.

Chapter XXVI: General Provisions As To Inquiries And Trials

  1. 337 Person once convicted or acquitted not to be tried for same offence
  2. 338 Appearance by Public Prosecutors
  3. 339 Permission to conduct prosecution
  4. 340 Right of person against whom proceedings are instituted to be defended
  5. 341 Legal aid to accused at State expense in certain cases
  6. 342 Procedure when corporation or registered society is an accused
  7. 343 Tender of pardon to accomplice
  8. 344 Power to direct tender of pardon
  9. 345 Trial of person not complying with conditions of pardon
  10. 346 Power to postpone or adjourn proceedings
  11. 347 Local inspection
  12. 348 Power to summon material witness, or examine person present
  13. 349 Power of Magistrate to order person to give specimen signatures or handwriting, etc
  14. 350 Expenses of complainants and witnesses
  15. 351 Power to examine accused
  16. 352 Oral arguments and memorandum of arguments
  17. 353 Accused person to be competent witness
  18. 354 No influence to be used to induce disclosure
  19. 355 Provision for inquiries and trial being held in absence of accused in certain cases
  20. 356 Inquiry, trial or judgment in absentia of proclaimed offender
  21. 357 Procedure where accused does not understand proceedings
  22. 358 Power to proceed against other persons appearing to be guilty of offence
  23. 359 Compounding of offences
  24. 360 Withdrawal from prosecution
  25. 361 Procedure in cases which Magistrate cannot dispose of
  26. 362 Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
  27. 363 Trial of persons previously convicted of offences against coinage, stamp-law or property
  28. 364 Procedure when Magistrate cannot pass sentence sufficiently severe
  29. 365 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
  30. 366 Court to be open
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