Code of Criminal Procedure, 1973 · Chapter XXIV: General Provisions As to Inquiries and Trials
Section 321: Withdrawal from prosecution
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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, 1. Subs. by Act 5 of 2009, s. 23, for sub-section (3) (w.e.f. 31-12-2009).
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 321
-
Vinubhai Mohanlal Dobaria v. Chief Commissioner of Income Tax & Anr
Whether an offence u/s.276CC of the Income Tax Act, 1961 could be said to have been committed on the actual date of filing of return of income or on the day immediately after the due date for filing of returns as per…
-
Shailendra Kumar Srivastava v. The State of Uttar Pradesh & Anr.
Ten persons were arrayed as accused and after investigation, a charge sheet was filed under Sections 147, 148, 149, 307, 302 IPC alleging indiscriminate shooting and/or conspiracy leading to death of two persons and…
- Ashwini Kumar Upadhyay v. Union of India
- Shilpa Sailesh v. Varun Sreenivasan
- Afjal Ali Sha @ Abjal Shaukat Sha v. State of West
- Manoj Kumar Tiwari v. Manish Sisodia & Ors
- Ramgopal & Anr. v. The State of Madhya Pradesh
- The State of Kerala v. K. Ajith & Ors.
- Prakash Gupta v. Securities and Exchange Board of India
- Commissioner (Ct) Ltu Kakinada & Ors. v. M/S. Glaxo Smith Kline Consumer Health Care Limited
- G H Manjit Singh v. The State of Punjab
- Himachal Pradesh Cricket Association & Anr. v. State of Himachal Pradesh & Ors.
- Abdul Wahab K. v. State of Kerala and Others
- State Election Commissioner, Bihar Patna & Others v. Janakdhari Prasad and Others
- K. K. Mishra v. The State of Madhya Pradesh & Anr.
- Ram Kishan Fauji v. State of Haryana and Ors.
- Oil & Natural Gas Corp. Ltd. v. Gujarat Energy Transmission Corporation Ltd. & Ors.
- Asha Ranjan v. State of Bihar & Ors.
- Subramanian Swamy v. Union of India, Ministry of Law & Ors.
- State of Punjab & Anr. v. Brijeshwar Singh Chahal & Anr.
- M/S. v. L. S. Finance Ltd. v. S. P. Gupta and Anr.