Section 280 BNSS: Withdrawal of complaint (Formerly Section 257 CrPC)

Section 280 of Bharatiya Nagarik Suraksha Sanhita, 2023: Withdrawal of complaint

Official Bare Act Text

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

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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 280

Section 280 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 257 of the CrPC, 1973) permits the complainant in a summons case to withdraw the complaint at any time before final judgment with the Magistrate's consent, resulting in statutory acquittal.

Application for Withdrawal: The complainant must satisfy the Magistrate that there are sufficient grounds for permitting withdrawal of the complaint against all or any of the accused.
Judicial Consent Mandatory: Withdrawal cannot be done unilaterally; the Magistrate must judicially evaluate the grounds and grant permission.
Consequence is Acquittal: Upon granting permission to withdraw, the Magistrate must record an acquittal of the accused against whom the complaint is withdrawn.

Key Landmark Precedents:

M.M.T.C. Ltd. v. Medchl Chemicals & Pharma (P) Ltd., (2002) 1 SCC 234: Affirmed that withdrawal of a complaint under statutory provisions terminates the prosecution decisively and confers an acquittal barring retrial under Section 300 CrPC / 337 BNSS.
Rajeshwar Prasad v. State, 1980 Cri LJ 846: Clarified that permission to withdraw is discretionary and the Magistrate can decline if withdrawal appears collusive or contrary to public justice.

Courtroom Practice & Strategic Litigation Guidance:

When private settlements or compounding are finalized in summons trials, prefer formal withdrawal under Section 280 or compounding under Section 359 to secure a clean, unequivocal acquittal on record.