Conditions For Withdrawal From Prosecution: Legal And Procedural Aspects
- IJLLR Journal
- Dec 31, 2024
- 1 min read
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.
