Section 360 BNSS: Withdrawal from prosecution (Formerly Section 321 CrPC)

Section 360 of Bharatiya Nagarik Suraksha Sanhita, 2023: Withdrawal from prosecution

Official Bare Act Text

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

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.

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 360

Section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the withdrawal from prosecution by the Public Prosecutor with the consent of the Court.

Framing & Alteration of Charges: Section 360 provides that 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 they are tried.
Core Legal Standard: If withdrawal is made before a charge is framed, the accused shall be discharged; if after a charge is framed, the accused shall be acquitted.

The prosecutor must apply independent mind in the broader public interest, and the Court must not act as a rubber stamp.

Key Landmark Precedents:

Sheonandan Paswan v. State of Bihar (1987) 1 SCC 288: The Constitution Bench settled that the Public Prosecutor must exercise independent judgment free from executive coercion; the court performs a supervisory judicial role to ensure withdrawal serves the public interest and administration of justice.
Rahul Agarwal v. Rakesh Jain (2005) 2 SCC 377: Held that withdrawal cannot be permitted on extraneous or political considerations; the court must independently verify that withdrawal will not cause a miscarriage of justice.

Legal Commentary:

Section 360 balances executive policy with judicial independence. When the State seeks to withdraw prosecution in political or community agitations, the Public Prosecutor must independently state the legal and public policy grounds in writing to satisfy the Court's supervisory scrutiny.