Section 247 BNSS: Withdrawal of remaining charges on conviction on one of several charges (Formerly Section 224 CrPC)

Section 247 of Bharatiya Nagarik Suraksha Sanhita, 2023: Withdrawal of remaining charges on conviction on one of several charges

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.

Legal Commentary & Landmark Judgments: Section 247

Section 247 provides that 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 (replacing Section 224 CrPC).

Multi-Head Charge: Charge containing multiple distinct offences against the same person.
Conviction on One Head: Accused is convicted and sentenced on one or more heads.
Withdrawal of Remaining Heads: Prosecutor withdraws remaining charges with court consent; has the effect of an acquittal on those remaining charges unless the primary conviction is set aside in appeal.

Key Landmark Precedents:

State of Bihar v. Ram Naresh Pandey AIR 1957 SC 389: The Supreme Court explained that withdrawal under Section 224 CrPC (Section 247 BNSS) operates to avoid unnecessary litigation once substantive justice is achieved on a major count.
Willie (William) Slaney v. State of M.P. AIR 1956 SC 116: Affirmed that withdrawal of secondary heads operates as a conditional acquittal.

Courtroom Practice & Strategic Litigation Guidance:

If the court convicts your client on a major charge and the prosecution withdraws the remaining charges under Section 247, note the statutory effect: If the appellate court later acquits the client on the major charge, the trial court may proceed with the withdrawn charges.