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Section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 321 of the Code of Criminal Procedure, 1973) among others, provides for the following: “The Public Prosecutor or…

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Section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 321 of the Code of Criminal Procedure, 1973) among others, provides for the following:
“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…”
By relying upon the quoted text, identify the nature of this Section.
  1. Mandatory Provision
  2. Enabling Provision
  3. Non-Obstante clause
  4. Saving clause

Answer and explanation

Correct answer: B - Enabling Provision
Section 360 BNSS (formerly s.321 CrPC) says the prosecutor 'may', with consent of the court, withdraw from prosecution; it confers a discretionary power and is therefore an enabling provision, not mandatory, non-obstante or saving. (BNSS adds a proviso that the victim must be heard before withdrawal is allowed.)

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