Yes, there is a provision for withdrawal of prosecution cases in the Criminal Procedure Code (CrPC) under Section 321, which has now been replaced by Section 360 in the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Provision for Withdrawal in CrPC
Section 321 of the CrPC enables the Public Prosecutor or Assistant Public Prosecutor to withdraw from the prosecution of any person either generally or in respect of any one or more offences for which he is tried. This provision recognizes that crimes are committed not just against individuals but against society as a whole, and the state has the responsibility to prosecute offenders.
Procedure for Withdrawal of Prosecution
Who Can Apply
Only the Public Prosecutor or Assistant Public Prosecutor in charge of a particular case can apply for withdrawal from prosecution. A public prosecutor cannot apply for withdrawal in case of a private complaint.
Court Consent Requirement
The consent of the Court is mandatory before any withdrawal can be granted. The court must exercise judicial discretion and scrutinize the reasons behind the withdrawal to ensure it is not sought on extraneous grounds or against the interest of justice.
Timing
The withdrawal application can be made at any time before the judgment is pronounced.
Consequences of Withdrawal
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If withdrawal is made before a charge has been framed: The accused shall be discharged in respect of such offence or offences
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If withdrawal is made after a charge has been framed: The accused shall be acquitted in respect of such offence or offences
Special Permission Requirements
For certain categories of cases, prior approval from the Central Government is mandatory before the Public Prosecutor can move the court for withdrawal. These include cases where the offence:
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Relates to matters under the Union's executive power
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Was investigated by the Delhi Special Police Establishment
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Involves misappropriation or damage to Central Government property
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Was committed by a Central Government servant in official duty
Types of Cases That Cannot Be Withdrawn
Private Complaints
Section 321 does not apply to private complaints since the state is not involved in prosecuting such cases.
Cases Without Valid Grounds
The court can reject withdrawal applications that lack proper justification. Valid grounds for withdrawal include:
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Public policy considerations
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Interest of administration of justice
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Inexpediency of prosecution for reasons of state
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Paucity of evidence
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Broader public interest like maintenance of law and order
Cases Against Public Interest
The court must ensure that withdrawal serves the interests of justice and is not influenced by extraneous considerations.
Changes in BNSS (New Criminal Law)
The new Bharatiya Nagarik Suraksha Sanhita, 2023 has introduced Section 360 to replace Section 321 of CrPC, with several significant changes:
360. Withdrawal from prosecution.—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.
Mandatory Victim Hearing
The most significant change is that the victim must be heard before any withdrawal is allowed. The erstwhile CrPC did not provide this right to victims, but BNSS makes it mandatory for courts to hear the victim's views before granting consent for withdrawal.
Expanded Central Government Permission Requirement
Under BNSS Section 360, the requirement for Central Government permission has been significantly expanded:
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Old provision (CrPC Section 321): Only required Central Government permission for cases investigated by Delhi Special Police Establishment
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New provision (BNSS Section 360): Requires permission for any offence investigated under any Central Act, regardless of the investigating agency
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