Withdrawal of remaining charges on conviction on one of several charges
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Summary
When a person is charged with more than one offence and is convicted on one or more of them, the complainant or the prosecutor may, with the court's consent, withdraw the remaining charges. The court may also stay inquiry or trial of those charges on its own. Withdrawal operates as an acquittal unless the conviction is set aside, in which case the court may proceed with the withdrawn charges subject to the order setting aside the conviction.
Example
Priya faces three charges. She is convicted on one charge; with the court's consent the prosecutor withdraws the other two charges, so those two are treated as acquittals. If her conviction is later set aside, the court can resume trial of the withdrawn charges subject to the order that set aside the conviction.
Bare Act
Enacted textWhen a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent, of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.
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