The Court, after the commencement of prosecution evidence, allows the Assistant Public Prosecutor to…
Under section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 321 CrPC), if the prosecutor withdraws with the court's consent before a charge is…
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The Court, after the commencement of prosecution evidence, allows the Assistant Public Prosecutor to withdraw the prosecution. The accused shall be:
Answer and explanation
Correct answer C
Under section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 321 CrPC), if the prosecutor withdraws with the court's consent before a charge is framed, the accused is discharged; if it happens after the charge is framed, or where no charge is required, the accused is "Acquitted". Once prosecution evidence has begun in a police case, the charge has already been framed, so the result is acquittal. Mere release is not an outcome the section provides. The court must also give the victim an opportunity of being heard before allowing the withdrawal.
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