Under section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court must give the victim an…
Section 360 allows the prosecutor in charge to withdraw with the court’s consent at any time before judgment is pronounced. The second proviso requires the court to give the…
Choose your answer
Under section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court must give the victim an opportunity to be heard before allowing withdrawal. With the court’s consent, what is the latest point at which the prosecutor in charge may withdraw from the prosecution?
Answer and explanation
Correct answer C
Section 360 allows the prosecutor in charge to withdraw with the court’s consent at any time before judgment is pronounced.
The second proviso requires the court to give the victim an opportunity to be heard before it allows withdrawal.
Option feedback
Option A
Withdrawal before charge is possible, but the statute allows withdrawal after charge too.
Option B
Examination of witnesses does not end the power to withdraw before judgment.
Option C
Section 360 permits withdrawal at any time before judgment is pronounced, subject to the prescribed conditions.
Option D
Examination of the accused is not the statutory cutoff.
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