Under section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Public Prosecutor in charge…
Section 360(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for discharge when a prosecution is withdrawn before a required charge is framed. The court must…
Choose your answer
Under section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Public Prosecutor in charge withdraws from prosecution with the court's consent before a required charge has been framed. What is the effect for that offence?
Answer and explanation
Correct answer B
Section 360(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for discharge when a prosecution is withdrawn before a required charge is framed. The court must consent to withdrawal and must give the victim an opportunity to be heard before allowing it. Section 360(b) provides for acquittal after charge or where no charge is required.
Option feedback
Option A
Acquittal follows withdrawal after charge or where no charge is required.
Option B
Withdrawal before a required charge is framed results in discharge for the offence withdrawn.
Option C
Bail concerns release from custody. Section 360(a) gives the procedural effect of discharge.
Option D
Compounding is a separate procedure under section 359.
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