Who among the following may withdraw prosecution of any person at any time before the judgement is…
The Public Prosecutor or Assistant Public Prosecutor in charge of the case may withdraw from prosecution before judgment with the court’s consent. The State Government may…
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Who among the following may withdraw prosecution of any person at any time before the judgement is pronounced?
Answer and explanation
Correct answer B
The Public Prosecutor or Assistant Public Prosecutor in charge of the case may withdraw from prosecution before judgment with the court’s consent. The State Government may have an administrative role, but it does not itself exercise the statutory withdrawal in court. Withdrawal before charge results in discharge; withdrawal after charge, or in a case requiring no charge, results in acquittal.
Current law: BNSS Section 360 retains court consent and adds that withdrawal cannot be allowed without an opportunity of hearing for the victim.
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