Section 360 of BNSS : Section 360: Withdrawal from prosecution.
BNSS
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Explanation using Example
Example 1:
Scenario: A Public Prosecutor is handling a case where an individual, Rajesh, is accused of theft under Section 379 of the Indian Penal Code. During the trial, new evidence emerges that strongly suggests Rajesh is innocent. The Public Prosecutor decides to withdraw from the prosecution.
Application of Section 360:
- The Public Prosecutor seeks the consent of the Court to withdraw from the prosecution before the judgment is pronounced.
- The Court consents to the withdrawal.
- Since the withdrawal is made before a charge has been framed, Rajesh is discharged in respect of the theft offence.
Outcome: Rajesh is discharged from the case, and no further legal proceedings will be conducted against him for this offence.
Example 2:
Scenario: An Assistant Public Prosecutor is prosecuting a government employee, Suresh, for allegedly misappropriating funds from a Central Government project. The case is being tried under the Prevention of Corruption Act. Midway through the trial, the Prosecutor realizes that the evidence is insufficient to secure a conviction and decides to withdraw from the prosecution.
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