Code
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of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.
Explanation
- This section empowers the court to withdraw any remaining charges against the accused when they have already been convicted on one or more charges relating to the same incident or transaction.
- The decision to withdraw the remaining charges lies with the court’s discretion.
- The court may consider various factors before exercising this discretion, such as the nature of the offences, the evidence presented, and the impact of the conviction on the accused.
- The court may withdraw the remaining charges even if the accused has not been acquitted on them.
Illustration
Suppose a person is charged with robbery, assault, and theft stemming from a single incident. The court convicts the person on the charge of robbery. The court, under Section 224, can now choose to withdraw the charges of assault and theft.
Common Questions and Answers
Q: Can the accused request the court to withdraw remaining charges under this section?
A: While the accused can request the court to withdraw remaining charges, the final decision lies with the court’s discretion.
Q: Does the court have to provide reasons for withdrawing remaining charges
A: The court is not obligated to provide reasons for withdrawing remaining charges, but it is good practice to do so to ensure transparency and fairness.
Q: Can the prosecution appeal the court’s decision to withdraw remaining charges?
A: Yes, the prosecution can appeal the court’s decision to withdraw remaining charges.
