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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
Bharatiya Nagarik Suraksha Sanhita
Section 280
Withdrawal of complaint
Englishहिंदी
⚡ Quick Answer Reference: Section 280 BNSS
- Provision: Section 280 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF SUMMONS-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: If a person who made a complaint against someone wants to stop the case, they can ask the Magistrate and if the Magistrate agrees, the case will be closed and the accused will be acquitted.
Statutory Content
What does Section 280 of BNSS say?
Indian StandardSection 280, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 280 (India)
Court Pleading StandardSection 280 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/280
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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 280 of BNSS mean?
Plain English Explanation
If a person who made a complaint against someone wants to stop the case, they can ask the Magistrate and if the Magistrate agrees, the case will be closed and the accused will be acquitted.
Practical Interpretation
This section allows a complainant to withdraw their complaint before a final order is passed, but the Magistrate has the discretion to permit or deny this request.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for complainants to withdraw their complaints and for the Magistrate to exercise discretion in such cases.
Key Legal Elements
- •The complainant must make a request to withdraw the complaint.
- •The complainant must satisfy the Magistrate that there are sufficient grounds for permitting the withdrawal.
- •The Magistrate must be satisfied that there are sufficient grounds for permitting the withdrawal.
- •The Magistrate has the discretion to permit or deny the withdrawal request.
Practical Example
Practical Example of Section 280 BNSS
Rajesh files a complaint against Amit for allegedly causing damage to his property. Before the case reaches a final order, Rajesh decides he wants to withdraw the complaint. Rajesh approaches the Magistrate and explains that he has made amends with Amit and no longer wishes to pursue the case. The Magistrate, after considering the facts, permits Rajesh to withdraw the complaint and acquits Amit.
Common Questions (FAQ)
Frequently Asked Questions about Section 280 BNSS
Q: What is the punishment or consequence under Section 280 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 private individuals who have filed complaints under this Chapter.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal classification.
People Also Ask (PAA)
Common Questions about Section 280 BNSS
What is Section 280 of BNSS?
Section 280 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Withdrawal of complaint". In plain terms: If a person who made a complaint against someone wants to stop the case, they can ask the Magistrate and if the Magistrate agrees, the case will be closed and the accused will be acquitted.
What is the punishment under Section 280 of BNSS?
Section 280 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 280 of BNSS bailable or non-bailable?
Whether Section 280 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 280 of BNSS?
The essential elements of Section 280 of BNSS are: The complainant must make a request to withdraw the complaint.; The complainant must satisfy the Magistrate that there are sufficient grounds for permitting the withdrawal.; The Magistrate must be satisfied that there are sufficient grounds for permitting the withdrawal..
Landmark Case Laws
Landmark Judgments under Section 280 BNSS
Patnahcucisdb94 High Court (10 8)
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