Section 360 of BNSS : Section 360: Withdrawal from prosecution.

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.

Application of Section 360:

• The Assistant Public Prosecutor seeks the Court's consent to withdraw from the prosecution.
• Since the offence involves misappropriation of Central Government property and the Prosecutor was not appointed by the Central Government, the Prosecutor must obtain permission from the Central Government to withdraw.
• The Court directs the Prosecutor to produce the permission granted by the Central Government.
• The Central Government grants permission, and the Prosecutor presents this to the Court.
• The Court consents to the withdrawal.
• Since the withdrawal is made after a charge has been framed, Suresh is acquitted in respect of the misappropriation offence.

Outcome: Suresh is acquitted of the charges, and the case is closed.

Example 3:

Scenario: A Public Prosecutor is handling a case where an individual, Priya, is accused of damaging public property during a protest. The case is being tried under the Prevention of Damage to Public Property Act. The victim, in this case, is the local municipal corporation. The Prosecutor decides to withdraw from the prosecution due to lack of evidence.

Application of Section 360:

• The Public Prosecutor seeks the Court's consent to withdraw from the prosecution.
• The Court, before giving consent, provides an opportunity for the municipal corporation (the victim) to be heard.
• The municipal corporation presents its concerns, but the Court finds the Prosecutor's reasons for withdrawal valid.
• The Court consents to the withdrawal.
• Since the withdrawal is made after a charge has been framed, Priya is acquitted in respect of the damage to public property offence.

Outcome: Priya is acquitted of the charges, and the case is closed.