Bharatiya Nagarik Suraksha Sanhita

Section 247

Withdrawal of remaining charges on conviction on one of several charges

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⚡ Quick Answer Reference: Section 247 BNSS

Provision: Section 247 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: THE CHARGE
Jurisdiction: India
Summary: This section allows for the withdrawal of remaining charges against a person if they are convicted on one or more charges, with the court's consent.

Statutory Content

What does Section 247 of BNSS say?

When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.

Indian StandardSection 247, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 247 (India)

Court Pleading StandardSection 247 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 247 of BNSS mean?

Plain English Explanation

This section allows for the withdrawal of remaining charges against a person if they are convicted on one or more charges, with the court's consent.

Practical Interpretation

In practice, this section enables the prosecution to focus on the proven charges and drop the remaining ones, streamlining the legal process.

Core Legal Purpose

The core purpose is to provide a mechanism for efficient prosecution and to prevent unnecessary trials on multiple charges when a conviction has already been secured on some of them.

Key Legal Elements

•A charge containing more than one head must be framed against the same person.
•A conviction must have been had on one or more of the charges.
•The consent of the court is required for the withdrawal of the remaining charges.
•The conviction being set aside is a key exception that allows for the reinstatement of the withdrawn charges.

Practical Example

Practical Example of Section 247 BNSS

Rajesh is charged with multiple counts of theft and fraud. After being convicted on one count of theft, the prosecution, with the court's consent, withdraws the remaining charges. If Rajesh's conviction is later set aside, the court may proceed with the inquiry into the withdrawn charges.

Common Questions (FAQ)

Frequently Asked Questions about Section 247 BNSS

Q: What is the punishment or consequence under Section 247 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to any person against whom a charge containing more than one head is framed, regardless of whether they are a private individual or a public entity.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with the classification of offences as bailable or cognizable, as it is a procedural provision related to the withdrawal of charges.

Common Questions about Section 247 BNSS

What is Section 247 of BNSS?

Section 247 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Withdrawal of remaining charges on conviction on one of several charges". In plain terms: This section allows for the withdrawal of remaining charges against a person if they are convicted on one or more charges, with the court's consent.

What is the punishment under Section 247 of BNSS?

Section 247 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 247 of BNSS bailable or non-bailable?

Whether Section 247 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 247 of BNSS?

The essential elements of Section 247 of BNSS are: A charge containing more than one head must be framed against the same person.; A conviction must have been had on one or more of the charges.; The consent of the court is required for the withdrawal of the remaining charges..

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