What Is the Procedure to Withdraw a Criminal Complaint in India?

In India, the filing of a criminal complaint initiates a formal legal procedure that may result in a trial and verdict. Nonetheless, there are circumstances in which the prosecution or the complainant may decide to drop the complaint. Sections 280, 281, and 360 of the Bhartiya Nagarik Suraksha Sahita (BNSS) offer structured procedures for ending criminal proceedings in a variety of situations, despite the lack of a single comprehensive rule for complaint withdrawal.

This article explains these provisions, the roles of the complainant, magistrate, and public prosecutor, and the appropriate process depending on the type of case and stage of trial.

1. Withdrawing Complaint under CrPC Section 280

Section 280 allows the complainant to withdraw a criminal complaint in a summons case before the magistrate passes a final order.

Key Points:

• Applies only to summon trials initiated on a private complaint.
• Complaint must present a sufficient reason for withdrawal.
• The magistrate’s approval is required.
• The accused’s consent is not required.
• If satisfied, the magistrate may allow withdrawal and acquit the accused.

Effect: Once withdrawal is approved, proceedings are terminated. The accused cannot be tried again for the same offence under Section 337 BNSS. 

2. Halting Proceedings under BNSS Section 281

A Judicial Magistrate of the First Class may halt proceedings in summons cases that are not based on private complaints under Section 281 with the Chief Judicial Magistrate’s (CJM) prior approval.

Key Points:

• Applicable in summons cases initiated via police report or state complaint.
• Requires prior approval from the CJM.
• The magistrate must record reasons for stopping proceedings.
• This can happen at any stage before judgment.

Effect: The accused is discharged, and proceedings are discontinued unless special circumstances justify reopening.

3. Withdrawal from Prosecution under BNSS Section 360

Section 360 allows the Public Prosecutor or Assistant Public Prosecutor to withdraw from prosecution at any time before judgment, but only with the court’s consent.

Key Points:

• Can be applied to any type of criminal case (summons or warrant).
• Requires filing of a written application in court.
• Must be done in public interest, not for personal, political, or vindictive reasons.
• If withdrawal occurs before charges are framed, the accused is discharged.
• If after framing of charges, the accused is acquitted.

Landmark Case: Sheonandan Paswan v. State of Bihar (1986)

• Held that the prosecutor is not merely an agent of the state.
• The court must ensure the withdrawal is based on sound legal reasoning.
• Consent of court is not a formality, but a safeguard.

Other Situations Where Criminal Proceedings May End

Apart from Sections 280, 281, and 360 of BNSS criminal proceedings may be brought to an end through:

• Acquittal or conviction after trial.
• Compounding of offences (for compoundable offences under Section 359 BNSS).
• Quashing of proceedings by High Court under Section 528 BNSS.
• Death of the accused in non-continuable offences.
• Discharge of accused under Sections 262 (warrant cases) or 268 BNSS (magistrate trials) if no prima facie case exists.

Conclusion

Withdrawing a criminal complaint in India is a structured legal process, not a casual or unilateral decision. The appropriate route depends on the type of case (summons or warrant) and stage of proceedings.

• For private complaints in summon trials: Section 280.
• For police-reported summon cases: Section 281.
• For public prosecutions in any criminal case: Section 360.

Each procedure contains legal checks to prevent arbitrary withdrawal and ensures the integrity of justice is maintained. If you are considering withdrawal or are involved in a criminal matter, consult a qualified legal professional for proper guidance.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs 

1. Can I withdraw a criminal complaint after an FIR is filed?

Not directly. Once an FIR is filed, the case becomes a state matter. Only the court or public prosecutor can move for withdrawal under proper legal grounds like Section 360 or 528 BNSS.

2. What type of cases can be withdrawn under Section 280 BNSS ?

Only summons cases initiated by a private complaint and before final judgment is delivered.

3. Can the accused object to withdrawal under Section 280 BNSS ?

No. The accused has no say in the withdrawal. The decision lies with the magistrate, based on the complainant’s reasoning.

4. Can the prosecution be withdrawn after charges are framed ?

Yes, but only under Section 360 BNSS and with judicial consent. The accused will be acquitted.

5. Who can initiate withdrawal under Section 360 CrPC ?

Only the Public Prosecutor or Assistant Public Prosecutor. A private complainant cannot apply under this section.