What is Withdrawal from prosecution? Section 321 of Code of Criminal Procedure 1973

Withdrawal from prosecution is defined under Section 321 of CRPC 1973. Provision under this sections is:

 

 

 

Section 321 of CRPC "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 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.


STATE AMENDMENT
Uttar Pradesh :- After the words "in charge of a case may" insert the words "on the written permission of the State Government to that effect (which shall be filed in Court)" U.P. Act 18 of 1991, w.e.f 16-2-1991.

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 320 of Code of Criminal Procedure 1973 - What are the compoundable offences under CRPC 320, which are compoundable with out the permission of the court? Offences under Section 298, 323, 334, 341, 342, 352, 355, 358, 426, 427, 447, 448, 491, 497, 498, 500, 501, 502, 504, 506, 508 of Indian Penal Code

Offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table. Section 320 of Code of Criminal Procedure 1973

What is Withdrawal from prosecution? Section 321 of Code of Criminal Procedure 1973

What is the Procedure in cases which Magistrate cannot dispose of? What is the Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed? Section 322 and 323 of Code of Criminal Procedure 1973

How is the Trial of persons previously convicted of offences against coinage, stamp-law or property? What is the Procedure when Magistrate cannot pass sentence sufficiently severe? Section 324 and 325 of Code of Criminal Procedure 1973

Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. Court to be open. Section 326 and 327 of Code of Criminal Procedure 1973