Withdrawal from Prosecution

Withdrawal from prosecution is the statutory process by which the Public Prosecutor asks the trial court to discontinue prosecution of an accused before judgment. Under Section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023, withdrawal requires the consent of the court and is not a unilateral executive act.

Statutory procedure

The Public Prosecutor or Assistant Public Prosecutor in charge of the case may, with the court's consent, withdraw the prosecution of a person generally or for one or more offences. The application must be made before judgment is pronounced, and the victim must be given an opportunity of being heard before the court permits withdrawal.

Legal effect of withdrawal

• If withdrawal is permitted before a charge is framed, the accused is discharged regarding the relevant offence or offences.
• If withdrawal is permitted after a charge is framed, or where no charge is required, the accused is acquitted regarding those offences.
• The provision withdraws a pending prosecution through judicial process; it does not empower the executive to erase an FIR by assurance or direction alone.

Prosecutorial discretion and judicial control

The Public Prosecutor must exercise an independent judgment and consider the interests of public justice, rather than merely implement an executive instruction. The court's consent provides judicial supervision against bad faith, irrelevant considerations, or attempts to obstruct the ordinary course of justice.

• In State of Kerala v. K. Ajith, the Supreme Court reaffirmed that withdrawal must serve the administration of justice and that the court must scrutinise the prosecutor's reasons.
• The court need not determine guilt at this stage, but it must be satisfied that withdrawal is lawful, bona fide, and consistent with public interest.

How UPSC asks this