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Under section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what follows for the offence…

Section 360(b) requires acquittal for the withdrawn offence after charge has been framed. Discharge applies if withdrawal occurs before charge. The question assumes valid…

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Under section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what follows for the offence concerned if the prosecutor in charge validly withdraws from prosecution with the court’s consent after charge has been framed and before judgment is pronounced?

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Answer and explanation

Correct answer A

Section 360(b) requires acquittal for the withdrawn offence after charge has been framed.

Discharge applies if withdrawal occurs before charge. The question assumes valid withdrawal, including any applicable opportunity for the victim to be heard.

Option feedback

Option A

Section 360(b) requires an acquittal in respect of the offence withdrawn after charge.

Option B

Section 360(a) provides for discharge where withdrawal occurs before charge.

Option C

Valid withdrawal after charge has the statutory consequence of acquittal without a merits determination of guilt.

Option D

Section 360 provides for withdrawal from prosecution and fixes its consequence as acquittal at this stage.

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