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 Sanhita 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 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.
Bharatiya Nagarik Suraksha Sanhita
Section 360
Withdrawal from prosecution
⚡ Quick Answer Reference: Section 360 BNSS
- Provision: Section 360 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: The Public Prosecutor or Assistant Public Prosecutor can withdraw from a case with the court's consent before a judgment is given. If this happens before charges are framed, the accused is discharged. If it happens after charges are framed, the accused is acquitted. However, there are some exceptions and the victim must be given a chance to be heard.
What does Section 360 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 360 of BNSS mean?
Plain English Explanation
The Public Prosecutor or Assistant Public Prosecutor can withdraw from a case with the court's consent before a judgment is given. If this happens before charges are framed, the accused is discharged. If it happens after charges are framed, the accused is acquitted. However, there are some exceptions and the victim must be given a chance to be heard.
Practical Interpretation
In real practice, this section means that the prosecution can give up on a case if they don't have enough evidence or if they think it's not worth pursuing. The court must agree to this and the accused is then released or found not guilty.
Core Legal Purpose
The core purpose of this section is to allow the prosecution to withdraw from a case if they don't think it's in the best interest of justice. This helps to prevent unnecessary trials and ensures that resources are used efficiently.
- •The Public Prosecutor or Assistant Public Prosecutor must be in charge of the case.
- •The court must give its consent for the withdrawal.
- •The withdrawal must happen before the judgment is pronounced.
- •The accused must be discharged or acquitted if the withdrawal happens before or after charges are framed.
Practical Example of Section 360 BNSS
Rajesh is accused of theft. The Public Prosecutor decides to withdraw from the case because they don't have enough evidence. They ask the court for its consent, which is given. Since the withdrawal happens before charges are framed, Rajesh is discharged and the case is closed.
Frequently Asked Questions about Section 360 BNSS
Q: What is the punishment or consequence under Section 360 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence of withdrawal is discharge or acquittal, depending on when the withdrawal happens.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it refers to the Public Prosecutor or Assistant Public Prosecutor, who can be from either category.
Q: Is an offence under this section bailable or cognizable?
This section does not classify the offence as bailable or cognizable. It is a procedural provision and does not deal with the classification of offences.
Common Questions about Section 360 BNSS
What is Section 360 of BNSS?
Section 360 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Withdrawal from prosecution". In plain terms: The Public Prosecutor or Assistant Public Prosecutor can withdraw from a case with the court's consent before a judgment is given. If this happens before charges are framed, the accused is discharged. If it happens after charges are framed, the accused is acquitted. However, there are some exceptions and the victim must be given a chance to be heard.
What is the punishment under Section 360 of BNSS?
Section 360 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 360 of BNSS bailable or non-bailable?
Whether Section 360 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 360 of BNSS?
The essential elements of Section 360 of BNSS are: The Public Prosecutor or Assistant Public Prosecutor must be in charge of the case.; The court must give its consent for the withdrawal.; The withdrawal must happen before the judgment is pronounced..
Landmark Judgments under Section 360 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 360
Ask Nyaya AI About Section 360
Select a pre-configured prompt to run this section through the grounded research engine.