What Is BNSS Section 247?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 247: Withdrawal of remaining charges on conviction on one of several charges

When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.

Brief Detail

Section 247 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addresses the procedure for withdrawing remaining charges when a conviction occurs on one or more charges. Key points include:

• A person can be charged with multiple heads.
• After a conviction, the prosecution may withdraw remaining charges with the court's consent.
• Such withdrawal results in an acquittal of the withdrawn charges unless the conviction is overturned.
• If a conviction is set aside, the court may resume inquiry or trial of the withdrawn charges.

Question & Answers

Q1: What happens when a person is charged with multiple heads?

A1: The court may allow the prosecution to withdraw remaining charges after a conviction on one or more charges.

Q2: Who can withdraw the remaining charges?

A2: The complainant or the officer conducting the prosecution can withdraw the charges, with the court's consent.

Q3: What is the effect of withdrawing a charge?

A3: The withdrawal results in an acquittal of the charges that are withdrawn.

Q4: What occurs if a conviction is set aside?

A4: If a conviction is overturned, the court may proceed with the inquiry or trial of the charges that were withdrawn.

Q5: Can the court itself stay the trial of remaining charges?

A5: Yes, the court may stay the inquiry or trial of such charges on its own accord.

Example

1. Multiple Charges: An individual is charged with theft and assault. After a conviction for theft, the prosecutor may withdraw the assault charge with the court's consent.
2. Withdrawal After Conviction: If a defendant is convicted of one charge, the prosecution can choose to withdraw other charges against the defendant.
3. Effect of Withdrawal: If the assault charge is withdrawn, the defendant is considered acquitted of that charge unless the theft conviction is overturned.
4. Court's Discretion: The court may decide to stay the trial of remaining charges if it believes it's appropriate.
5. Resuming Inquiry: If a higher court sets aside the theft conviction, the lower court may then resume proceedings on the withdrawn assault charge.

Summary

Section 247 of the Bharatiya Nagarik Suraksha Sanhita, 2023, clarifies the protocol for withdrawing remaining charges when a conviction occurs. It allows for charges to be withdrawn with court consent, resulting in acquittal unless the conviction is reversed. If a conviction is set aside, the court can resume proceedings on the withdrawn charges.