Withdrawal from prosecution.
What this section does
The Public Prosecutor or Assistant Public Prosecutor may, with the Court's consent, withdraw from prosecution of any person at any time before judgment, either generally or for specific offences; withdrawal before charge results in discharge, and after charge results in acquittal. Where the offence relates to Union subjects, Central Government property, or Central Government servants, withdrawal requires prior permission of the Central Government if the Prosecutor was not appointed by it. The Court must give the victim an opportunity of being heard before according consent to withdrawal.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Public Prosecutor · Assistant Public Prosecutor · Court · Accused · Victim · Central Government
- Time limit
- Withdrawal must be made before judgment is pronounced.
Practitioner note
The Supreme Court in Sheonandan Paswan v. State of Bihar (1987) 1 SCC 288 held that the Court's consent under s.321 CrPC (now s.360 BNSS) is not a formality and the Court must apply a judicial mind. The BNSS adds a mandatory requirement to hear the victim before consent is accorded, which was not explicitly in CrPC s.321.
Derived from CrPC s.321.
Read the official text
For the binding statutory text of BNSS Section 360, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 360 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.