Code:
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
In section 321 of the said Code, after the words “in charge of a case may” the words “on the written permission of the State Government to that effect (which shall be filed in Court)”, shall be inserted.
[Vide Uttar Pradesh Act 18 of 1991, s. 3]
Amendment of section 321.—
(b) for sub-section (3) the following sub-section shall be substituted, namely :—
“(3) When the Court imposes a sentence, of which fine does not form a part, the Court may, and where the person who has suffered the loss or injury is a member of the Scheduled Castes or the Scheduled Tribes and the person sentenced is not a member of such Castes or Tribes the Court shall, when passing judgment, order the person sentenced to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the person has been so sentenced. ”
[Vide Uttar Pradesh Act 17 of 1992, s. 2]
Explanation:
- This section empowers the Public Prosecutor to withdraw from prosecution at any stage of the trial, with the permission of the court.
- The Public Prosecutor can decide to withdraw from prosecution if they believe there is insufficient evidence to secure a conviction, or if there are other compelling reasons for doing so.
- The court will consider the reasons given by the Public Prosecutor before granting permission for withdrawal.
- The accused person is usually informed of the withdrawal and given an opportunity to be heard before a final decision is made.
Illustration:
Consider a case where a person is accused of theft. During the trial, the Public Prosecutor discovers that the key witness is unreliable and their testimony cannot be relied upon. In this situation, the Public Prosecutor may seek permission from the court to withdraw from the prosecution, citing lack of evidence as the reason.
Common Questions and Answers:
Q: What are the grounds for withdrawal from prosecution?
A: The grounds for withdrawal can be varied, but generally include insufficient evidence, lack of public interest, or other compelling reasons.
Q: Does the accused have any rights in this process?
A: Yes, the accused has the right to be informed of the withdrawal and to be heard before a final decision is made.
Q: Can the accused challenge the withdrawal?
A: While the accused cannot directly challenge the withdrawal, they can raise concerns or seek further investigation.
