Section 224 CrPC: Withdrawal of Remaining Charges After Conviction on One Charge

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Section 224 CrPC: Withdrawal of Remaining Charges After Conviction on One Charge

This section deals with the situation where a person is facing multiple charges and is convicted on one or more of them. It allows the court to withdraw the remaining charges under certain circumstances.

1. Code

Section 224 of the Code of Criminal Procedure, 1973 states:

“Where a person is convicted of any offence, the Court may, if it thinks fit, withdraw any other charge against him relating to the same transaction.”

2. 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.

3. 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.

4. 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.
Also Read  Section 311 CrPC: Power to Summon Material Witness or Examine Person Present
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