Section 224 CrPC and Section 247 BNSS: Withdrawal of Remaining Charges After Conviction
When an accused faces several charges and is convicted on one or more of them, the law permits the remaining charges to be withdrawn with the court's consent or their proceedings to be stayed by the court. Section 224 of the Code of Criminal Procedure, 1973 (CrPC) and its corresponding Section 247 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regulate this procedure.
Text of Section 224 CrPC - Withdrawal of Remaining Charges
When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.
Section 247 BNSS - Corresponding Current Provision
Section 247 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled "Withdrawal of remaining charges on conviction on one of several charges." Its operative wording preserves the rule contained in Section 224 CrPC: where one or more heads of charge have resulted in conviction, the remaining charges may be withdrawn with judicial consent, or the court may stay their inquiry or trial. The withdrawal operates as an acquittal, subject to the statutory exception where the conviction is set aside.
For the official text, consult the Bureau of Police Research and Development - BNSS text and CrPC correspondence or the Government-hosted BNSS Act PDF.
Meaning and Scope of the Provision
1. Multiple heads of charge against the same accused
The section applies where a charge contains more than one head against the same person. It is not a general power to withdraw every criminal case or to combine proceedings against different accused persons.
2. Conviction on at least one charge
A conviction on one or more heads of charge is the statutory condition for using this particular mechanism. Mere framing of multiple charges, or an ongoing trial without a conviction, does not by itself satisfy the provision.
3. Withdrawal requires court consent
The complainant or officer conducting the prosecution may seek withdrawal of the remaining charge or charges, but the court's consent is necessary. The provision also empowers the court, on its own initiative, to stay the inquiry or trial of the remaining charges.
4. Effect of acquittal and the exception
Withdrawal under the provision has the effect of an acquittal on the withdrawn charges. However, if the conviction on which the withdrawal was based is subsequently set aside, the court may proceed with the withdrawn charges, subject to the order of the court setting aside the conviction.
Conditions for Withdrawal of Remaining Charges
- There must be more than one head of charge against the same person.
- A conviction must have occurred on one or more of those heads.
- The complainant or prosecuting officer must obtain the court's consent for withdrawal; alternatively, the court may stay proceedings on its own accord.
- The effect on the remaining charges is governed by the statutory acquittal rule and the exception if the underlying conviction is set aside.
Practical Illustration
Suppose an accused faces three separate heads of charge in one trial and is convicted on the first. The prosecuting officer may request the court's permission to withdraw the second and third charges. If the court consents, the withdrawal has the statutory effect of an acquittal on those charges. If the first conviction is later set aside, the court may, subject to the superior court's order, resume the inquiry or trial of the withdrawn charges. This example illustrates the provision; whether withdrawal is appropriate depends on the case record and judicial discretion.
Withdrawal Under Section 224 CrPC Compared with Other Procedures
Section 224 CrPC and Section 247 BNSS specifically address remaining heads of charge following conviction. They should not be confused with the separate statutory procedure for withdrawal from prosecution, or with discharge before charges are adjudicated. The nature, stage and consequences of each procedure differ.
Frequently Asked Questions
What is Section 224 CrPC?
It allows the complainant or officer conducting prosecution, with court consent, to withdraw remaining heads of charge after conviction on one or more heads, and also allows the court to stay proceedings on remaining charges.
Which BNSS section corresponds to Section 224 CrPC?
Section 247 BNSS, titled "Withdrawal of remaining charges on conviction on one of several charges."
Does withdrawal of remaining charges amount to acquittal?
Yes. The provision expressly gives withdrawal the effect of acquittal, subject to the exception when the conviction is set aside.
Can withdrawn charges be revived if the conviction is overturned?
Yes. The court may proceed with the withdrawn charges if the conviction is set aside, subject to the order of the court that set aside the conviction.
Can the prosecution withdraw charges without court permission?
No. Withdrawal by the complainant or prosecuting officer under this provision requires the consent of the court.