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Conditions For Withdrawal From Prosecution: Legal And Procedural Aspects


Vishal Mittal & Yashaswi Agrima, BA LLB, National Law University, Odisha


ABSTRACT


This paper examines Section 360 of the “Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023”, which replaces Section 321 of CrPC, 1973, focusing on provision that allows PP also known as “public Prosecutor” to withdraw from prosecution with court consent. It highlights significant changes, such as mandatory victim hearings before withdrawals and the requirement for Central Government permission. The study assesses the discretionary powers of Public Prosecutors and the courts' role in ensuring justice, referencing landmark cases to establish guiding principles. It also addresses challenges like political influence and the need for transparency, concluding with recommendations for clearer withdrawal criteria, enhanced victim participation, and comprehensive guidelines on "public interest." Lastly, the paper emphasizes the importance of ongoing legislative review and specialized training to optimize the application of Section 360 and advance criminal justice reform in India.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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