Section 280 BNSS: Withdrawal of Complaint
Section 280 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with withdrawal of a complaint in a summons-case under the relevant Chapter. It allows the complainant to seek permission from the Magistrate to withdraw the complaint before a final order is passed.
In brief: Withdrawal is not automatic. The complainant must satisfy the Magistrate that sufficient grounds exist. If permission is granted, the accused against whom the complaint is withdrawn is acquitted.
Text of Section 280 BNSS
280. Withdrawal of complaint. If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
The official text and section index can be checked on the India Code BNSS page. The Ministry of Home Affairs also hosts the official new criminal laws resources.
Meaning and Scope of Section 280
Section 280 applies where a complainant wishes to withdraw a complaint before the Court has passed the final order in the case. The provision does not give the complainant an unconditional right to terminate the proceeding merely by stating that the complaint is withdrawn. The Magistrate must first be satisfied that there are sufficient grounds to permit withdrawal.
Once the Magistrate permits withdrawal, the statutory consequence is acquittal of the accused against whom the complaint has been withdrawn. Where there are several accused, withdrawal may be sought against all accused or only some of them.
Essential Requirements
- There must be a complaint case: The provision operates in a case falling under the Chapter in which Section 280 appears.
- The request must be made before the final order: The complainant may seek withdrawal at any time before the final order is passed.
- Sufficient grounds must be shown: The complainant must satisfy the Magistrate that permission to withdraw should be granted.
- Judicial permission is required: The Magistrate has to consider the request and may permit withdrawal.
- Acquittal follows permission: Once withdrawal is permitted, the accused concerned is acquitted.
- Partial withdrawal is possible: If several persons are accused, the complaint may be withdrawn against all or any of them, subject to the Magistrate's permission.
Procedure for Withdrawal of a Complaint
| Stage | What happens |
|---|---|
| 1. Request by complainant | The complainant requests permission to withdraw the complaint before the final order. |
| 2. Grounds placed before Court | The complainant must satisfy the Magistrate that sufficient grounds exist for withdrawal. |
| 3. Magistrate considers request | The Magistrate applies judicial discretion and decides whether withdrawal should be permitted. |
| 4. Permission to withdraw | If permission is granted, the complaint stands withdrawn against the accused concerned. |
| 5. Acquittal | The accused against whom the complaint is withdrawn is acquitted as a consequence of the order. |
Section 280 BNSS and Former Section 257 CrPC
Section 280 BNSS corresponds to the subject previously dealt with by Section 257 of the Code of Criminal Procedure, 1973, namely withdrawal of a complaint. For matters governed by the BNSS, the current provision is Section 280.
Transition note: The BNSS came into force on July 1, 2024. Whether an older proceeding continues under the Code of Criminal Procedure, 1973 can depend on the commencement and savings provisions and the procedural stage of the case. The applicable law should therefore be checked in the facts of the particular proceeding.
Difference Between Withdrawal of Complaint and Withdrawal from Prosecution
Section 280 concerns withdrawal by the complainant in the complaint-case setting covered by the provision. It should not be confused with the separate statutory mechanism for withdrawal from prosecution by the Public Prosecutor or Assistant Public Prosecutor. The two provisions operate in different procedural contexts and have different requirements.
Practical Effect of an Order Under Section 280
The most important consequence of an order permitting withdrawal is that the accused covered by the withdrawal is acquitted. Therefore, the complainant should place the grounds for withdrawal clearly before the Magistrate, and the order of the Court should identify the accused to whom the withdrawal applies, particularly where there is more than one accused.
Frequently Asked Questions
Can a complainant withdraw a complaint at any stage?
Section 280 permits an application for withdrawal at any time before the final order is passed, subject to the Magistrate being satisfied that sufficient grounds exist.
Is the Magistrate bound to permit withdrawal?
No. The wording of Section 280 requires the complainant to satisfy the Magistrate about sufficient grounds. Permission therefore depends on a judicial order.
What happens after permission to withdraw is granted?
The accused against whom the complaint is withdrawn is acquitted.
Can the complaint be withdrawn against only one of several accused?
Yes. Section 280 expressly permits withdrawal against all or any of the accused, subject to the Magistrate's permission.
What was the corresponding provision under the CrPC?
The corresponding subject was contained in Section 257 of the Code of Criminal Procedure, 1973.
This page is intended for general legal information. Application of procedural law can depend on the date, stage and facts of the proceeding.