CrPC Section 321
Section 321 of the Criminal Procedure Code (CrPC), 1973 (India) deals with the withdrawal from prosecution by the Public Prosecutor.
📘 Text of Section 321 CrPC:
"Withdrawal from prosecution.— 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."
🔍 Key Points:
Who can withdraw?
Only the Public Prosecutor or Assistant Public Prosecutor.
Not the private complainant or police.
When?
Any time before the judgment is pronounced.
Conditions:
Court's consent is mandatory.
Court will examine if the withdrawal serves the interest of justice, public interest, or if it is being misused.
Effect of Withdrawal:
Before charge: Accused is discharged.
After charge (or where no charge is needed): Accused is acquitted.
⚖️ Important Case Laws:
Sheonandan Paswan v. State of Bihar (1987):
Supreme Court held that withdrawal must be in good faith and in public interest.
Court must apply its mind before granting permission.
Rajender Kumar Jain v. State (1980):
The court emphasized the judicial discretion and objective scrutiny of the Public Prosecutor’s decision.
📝 Practical Use:
Often used in:
Political or sensitive cases.
Cases with lack of evidence or public interest.
Cases involving government policies or negotiations (e.g. insurgency resolution).
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