Withdrawal from prosecution
AI Assist
Summary
Public Prosecutor or Assistant Public Prosecutor may, with the court's consent any time before judgment, withdraw from prosecuting a person either generally or for particular offences. Withdrawal before a charge is framed leads to discharge for those offences; withdrawal after framing (or where no charge is required) leads to acquittal for them. For offences tied to Central Government power, DSPE investigation, Central property, or a Central servant, a prosecutor not appointed by the Central Government needs prior Central permission and the court will require production of that permission.
Example
Ravi is accused of a minor theft and the Public Prosecutor, with the court's consent, withdraws prosecution for that charge before a formal charge is framed. Because withdrawal happened before framing, Ravi is discharged for that offence. If withdrawal had come after framing, he would have been acquitted instead.
Bare Act
Enacted textThe 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,-
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(a) If it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;
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(b) if it is made after a charge has been framed, or when under this Code 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 by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946), 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.
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