Section 257 CrPC - Withdrawal of Complaint
Section 257 of the Code of Criminal Procedure, 1973 permits a complainant, with the Magistrate's approval, to withdraw a complaint in a summons-case before the final order. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 280 BNSS.
Text of Section 257 CrPC - Withdrawal of complaint
If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
The wording of Section 280 BNSS substantially reproduces this provision. The rule is located in the chapter dealing with the trial of summons-cases by Magistrates.
Meaning and essential requirements
Complainant: The person who has instituted the complaint before the Magistrate. Summons-case: A criminal case relating to an offence that is not a warrant-case under the applicable procedural code. Withdrawal: A request by the complainant to discontinue the complaint against one or more accused, subject to judicial permission. Acquittal: The judicial result expressly directed by this section once withdrawal is permitted.
The section requires a complaint case within the relevant summons-trial chapter, an application or request before the final order, sufficient grounds satisfying the Magistrate, and a judicial decision allowing withdrawal. A complainant cannot unilaterally terminate the prosecution merely by announcing withdrawal.
Procedure for withdrawing a complaint
- The complainant requests permission to withdraw the complaint before the final order is passed.
- The request identifies the accused concerned and explains the grounds for withdrawal.
- The Magistrate considers whether the stated grounds justify granting permission.
- If permission is granted, the Magistrate records the order and acquits the accused against whom the complaint is withdrawn.
- If only some accused are covered, proceedings against the remaining accused may continue according to law.
Magistrate's discretion and effect of withdrawal
The word "may" means that permission is discretionary; the court must be satisfied that sufficient grounds exist. The phrase "shall thereupon acquit" makes acquittal the prescribed consequence for an accused in respect of whom withdrawal has been permitted. The order should clearly identify the accused to whom it applies.
Withdrawal under this provision should not be confused with compounding of offences, withdrawal from prosecution by a Public Prosecutor, or dismissal for non-appearance of the complainant. Each operates under separate legal requirements.
Section 257 CrPC and Section 280 BNSS
| Point | Section 257 CrPC | Section 280 BNSS |
|---|---|---|
| Subject | Withdrawal of complaint | Withdrawal of complaint |
| Stage | Before final order | Before final order |
| Permission | Magistrate must be satisfied of sufficient grounds | Same requirement |
| Result | Acquittal of accused covered by permitted withdrawal | Same result |
| Application | Relevant saved proceedings under Section 531 BNSS | Corresponding procedure under the current code |
Related provisions
Section 256 CrPC deals with non-appearance or death of the complainant. Section 255 CrPC deals with acquittal or conviction after trial. Section 258 CrPC concerns stopping proceedings in specified summons-cases instituted otherwise than upon complaint. These are distinct mechanisms.
Frequently asked questions
Can a complainant withdraw a criminal complaint without court permission?
Not under Section 257 CrPC or Section 280 BNSS. The Magistrate must be satisfied that sufficient grounds exist and permit withdrawal.
Can withdrawal be limited to one accused?
Yes. The provision expressly permits withdrawal against all or any of several accused. Acquittal follows only for the accused covered by the permitted withdrawal.
Can a complaint be withdrawn after the final order?
No. This particular statutory procedure is available only before a final order is passed. Other post-order remedies, if any, depend on the circumstances and applicable law.
Does settlement automatically result in withdrawal?
No. A settlement may be presented as a ground, but permission remains subject to the Magistrate's satisfaction. Other legal restrictions may also be relevant.
Official legal sources
Consult the India Code record for the BNSS, 2023, the official BNSS text hosted by BPR&D, and the Ministry of Home Affairs new criminal laws portal.
This article provides general legal information. Applicability to a particular proceeding depends on its facts, procedural stage and any relevant special law.