What is the effect of withdrawal of the remaining charges?

The withdrawal has the effect of an acquittal on the charge or charges withdrawn, unless the conviction is later set aside.

Section 247 BNSS: Withdrawal of Remaining Charges on Conviction on One of Several Charges

Q: Who may withdraw the remaining charges under Section 247 BNSS?

After conviction on one or more heads of charge, the complainant or the officer conducting the prosecution may withdraw the remaining charge or charges with the consent of the Court.

Q: What is the corresponding CrPC provision for Section 247 BNSS?

Section 247 BNSS corresponds to Section 224 of the Code of Criminal Procedure, 1973.

Section 247 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a case where one person faces a charge containing more than one head and is convicted on one or more of those heads. It permits the remaining charges to be withdrawn with the Court's consent, or stayed by the Court on its own motion, and specifies the legal effect of that withdrawal.

Act: Bharatiya Nagarik Suraksha Sanhita, 2023 Act No. 46 of 2023 Chapter XVIII: The Charge Part B: Joinder of Charges In force from: 1 July 2024 Last reviewed: 11 September 2026

In simple terms: once the accused has been convicted on one or more heads of a multi-head charge, the prosecution 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 Withdrawal normally amounts to acquittal on the withdrawn charges, but they may be revived if the conviction is later set aside.

Text of Section 247 BNSS

247. Withdrawal of remaining charges on conviction on one of several charges.

When 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of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.

Meaning of Section 247 BNSS

Section 247 is intended to avoid unnecessary continuation of proceedings on additional heads of charge after the accused has already been convicted on one or more heads. It gives both the prosecution and the Court a procedural mechanism to stop further adjudication of the remaining charges where continuation is unnecessary.

The section also protects against a procedural dead end if the conviction on which the withdrawal depended is later overturned. In that event, the Court may resume the inquiry or trial of the withdrawn charges, subject to the order by which the conviction was set aside.

When Section 247 Applies

Section 247 applies when all of the following basic conditions exist:

a charge containing more than one head has been framed against the same person;
the accused has already been convicted on one or more of those heads; and
one or more other charges remain for inquiry or trial.

It is therefore a provision dealing with what happens to the remaining heads after a conviction has already been recorded on part of a multi-charge case.

Withdrawal by the Complainant or Prosecuting Officer

The complainant or the officer conducting the prosecution may withdraw the remaining charge or charges, but only with the consent of the Court. Court consent is therefore an express statutory requirement and the prosecution cannot unilaterally bring the remaining charges to an end under this provision.

Power of the Court to Stay Remaining Charges

The Court is given a separate power to act of its own accord. It may stay the inquiry into, or trial of, the remaining charge or charges after conviction on one or more heads.

This distinguishes a prosecution withdrawal from a judicial stay: the first is initiated by the complainant or prosecuting officer with Court consent, while the second may be initiated by the Court itself.

Effect of Withdrawal: Acquittal

Section 247 expressly states that withdrawal of the remaining charge or charges has the effect of an acquittal on those charges. This is an important legal consequence because the withdrawn heads are not merely left pending or administratively closed.

What Happens If the Conviction Is Set Aside?

The acquittal consequence is subject to an express exception. If the conviction on which the withdrawal was based is later set aside, the Court may proceed with the inquiry into or trial of the withdrawn charge or charges.

This power is expressly made subject to the order of the Court setting aside the conviction. Accordingly, the terms of the appellate, revisional or other order setting aside the conviction must be examined before the trial court resumes proceedings on the withdrawn charges.

Difference Between Withdrawal and Stay Under Section 247

Withdrawal: initiated by the complainant or officer conducting the prosecution and requires Court consent.
Stay: may be ordered by the Court on its own accord.
Acquittal effect: the statute expressly attaches the effect of acquittal to withdrawal of the remaining charge or charges.
Revival: if the conviction is set aside, the Court may resume proceedings on the withdrawn charges, subject to the superior Court's order.

Corresponding Provision under the Code of Criminal Procedure, 1973

Section 247 BNSS corresponds to Section 224 of the Code of Criminal Procedure, 1973. The operative rule has been substantially retained: after conviction on one or more heads, remaining charges may be withdrawn with Court consent or stayed by the Court, withdrawal operates as an acquittal, and the charges may be resumed if the conviction is subsequently set aside.

Relationship with Other BNSS Charge Provisions

Section 241 BNSS - separate charges for distinct offences.
Section 242 BNSS - offences of the same kind within a year may be charged together.
Section 243 BNSS - trial for more than one offence.
Section 244 BNSS - alternative charges where it is doubtful what offence has been committed.
Section 245 BNSS - offence proved included in offence charged.
Section 246 BNSS - persons who may be charged and tried jointly.

Frequently Asked Questions

Can the prosecution withdraw the remaining charges automatically after one conviction?

No. The complainant or officer conducting the prosecution requires the consent of the Court to withdraw the remaining charge or charges.

Can the Court itself stop proceedings on the remaining charges?

Yes. Section 247 permits the Court, of its own accord, to stay the inquiry into or trial of the remaining charges.

Does withdrawal amount to acquittal?

Yes. Section 247 expressly provides that withdrawal has the effect of an acquittal on the withdrawn charge or charges.

Can the withdrawn charges be revived?

Yes. If the conviction is set aside, the Court may proceed with the inquiry or trial of the withdrawn charges, subject to the order of the Court that set aside the conviction.

What is the corresponding CrPC provision?

The corresponding provision is Section 224 CrPC, 1973.

BNSS Commencement

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the BNSS came into force, subject to the notified exception concerning the relevant First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

This page is intended as a structured legal reference. For authoritative statutory text, amendments and notifications, consult the official Government of India resources linked in the sidebar.