Section 247 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 247 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
Section 247 of the BNSS, 2023, addresses the procedure when a charge containing multiple offenses is framed against an individual, and a conviction has been obtained for one or more of those offenses. The section outlines the following
Withdrawal of Remaining Charges:
The complainant or the prosecuting officer may, with the consent of the Court, withdraw the remaining charge(s)
Effect of Withdrawal:
Such withdrawal shall result in an acquittal for the remaining charge(s), unless the conviction is set aside
Proceedings Post-Conviction:
If the conviction is set aside, the Court may, subject to the order setting aside the conviction, proceed with the inquiry or trial of the withdrawn charge(s).
Comparison with the Code of Criminal Procedure (CrPC):
Section 247 of the BNSS, 2023, mirrors the provisions of Section 224 of the CrPC, 1973. Both sections provide a mechanism for the prosecution to withdraw remaining charges after a conviction on one or more charges, with the consent of the Court, and outline the consequences of such withdrawal
Illustrative Example:
Scenario: An individual, Ravi, is charged with theft and assault in a single trial. He is convicted of theft but acquitted of assault. The prosecution may, with the Court's consent, withdraw the assault charge.
Outcome: The withdrawal of the assault charge results in an acquittal for that charge, unless the theft conviction is overturned. If the theft conviction is set aside, the Court may proceed with the trial of the assault charge.
Conclusion:
Section 247 of the BNSS, 2023, provides a procedural framework for handling cases where multiple charges are framed, and some result in conviction while others do not. It ensures that the legal process remains efficient and that individuals are not subjected to unnecessary trials for charges that have been effectively resolved.
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