Law4u Service

What Is BNSS Section 280?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 280: Withdrawal of complaint

If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

Brief Detail

Section 280 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows a complainant to withdraw their complaint before a final order is passed in the case. The complainant must provide sufficient grounds to the Magistrate to justify the withdrawal. If the Magistrate is satisfied, they can permit the withdrawal of the complaint, and the accused against whom the complaint is withdrawn will be acquitted.

Question & Answers

Q1: Can a complainant withdraw their complaint after the final order is passed?

A1: No, the complainant can only withdraw the complaint before a final order is passed in the case.

Q2: What does the Magistrate need to consider for allowing the withdrawal of a complaint?

A2: The Magistrate needs to be satisfied that there are sufficient grounds for permitting the withdrawal of the complaint.

Q3: What happens to the accused if the complainant withdraws the complaint?

A3: If the complaint is withdrawn, the Magistrate shall acquit the accused against whom the complaint is withdrawn.

Q4: Can the complainant withdraw the complaint against some of the accused, or only all of them?

A4: Yes, if there is more than one accused, the complainant can withdraw the complaint against all or any of them.

Example

Example 1:

A complainant files a case against two accused individuals. Before the final order is passed, the complainant decides to withdraw the complaint against one of the accused, stating sufficient grounds to the Magistrate. The Magistrate permits the withdrawal, and the accused against whom the complaint is withdrawn is acquitted.

Example 2:

In another case, a complainant withdraws the complaint against all the accused before the final order is passed. The Magistrate allows the withdrawal and acquits all the accused.

Summary

Section 280 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the procedure for the withdrawal of a complaint by the complainant. If the complainant satisfies the Magistrate with sufficient grounds, they can withdraw the complaint before a final order is passed. The accused, or any of the accused, against whom the complaint is withdrawn, will be acquitted.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Mohit Singh Rajput

Advocate Mohit Singh Rajput

Anticipatory Bail,Criminal,Family,High Court,Civil,

Get Advice
Advocate Chandra Shekhar

Advocate Chandra Shekhar

Cheque Bounce, Criminal, R.T.I, Civil, Labour & Service

Get Advice
Advocate Brij Bhushan

Advocate Brij Bhushan

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, GST, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Shubkarman Kumar

Advocate Shubkarman Kumar

High Court, Anticipatory Bail, Criminal, Divorce, Revenue, Court Marriage

Get Advice
Advocate Divyarajsinh Rana

Advocate Divyarajsinh Rana

Cheque Bounce, Anticipatory Bail, Arbitration, Revenue, Wills Trusts, Corporate, Recovery

Get Advice
Advocate Shaika Parween

Advocate Shaika Parween

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Breach of Contract, Child Custody, Corporate, Criminal, Cyber Crime, Domestic Violence, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Supreme Court, Tax, Wills Trusts, Revenue

Get Advice
Advocate Ranjit Singh Boparai

Advocate Ranjit Singh Boparai

Anticipatory Bail,Cheque Bounce,Civil,Family,Revenue,Criminal,

Get Advice
Advocate Chandrakant Singh

Advocate Chandrakant Singh

Anticipatory Bail, Cheque Bounce, Criminal, Domestic Violence, Motor Accident

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.