Law4u - Made in India

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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.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Magistrate is satisfied, they can permit the withdrawal of the complaint, and the accused against whom the complaint is withdrawn will be acquitted.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A3: If the complaint is withdrawn, the Magistrate shall acquit the accused against whom the complaint is withdrawn.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 The Magistrate permits the withdrawal, and the accused against whom the complaint is withdrawn is acquitted.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 Bharat Singh Advocate Of Supreme Court Of India

Advocate Bharat Singh Advocate Of Supreme Court Of India

Armed Forces Tribunal, Cheque Bounce, Civil, Consumer Court, Customs & Central Excise, Criminal, High Court, Motor Accident, RERA, Supreme Court

Get Advice
Advocate Hitesh Kumar K Vyas

Advocate Hitesh Kumar K Vyas

Anticipatory Bail, Cheque Bounce, Civil, Criminal, High Court, Motor Accident

Get Advice
Advocate Paras Verma

Advocate Paras Verma

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Medical Negligence, Muslim Law, NCLT, Recovery, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Revenue

Get Advice
Advocate R Nirmalraj

Advocate R Nirmalraj

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Property, Recovery, Wills Trusts, Corporate, Child Custody, Arbitration, Armed Forces Tribunal

Get Advice
Advocate Anant Sakunde

Advocate Anant Sakunde

Anticipatory Bail, Banking & Finance, Breach of Contract, Corporate, Criminal, High Court, Recovery, Cyber Crime

Get Advice
Advocate Narottam Kumar Sharma

Advocate Narottam Kumar Sharma

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Medical Negligence, Muslim Law, R.T.I

Get Advice
Advocate Sumit Kalia

Advocate Sumit Kalia

Motor Accident, Landlord & Tenant, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Recovery, Succession Certificate, Supreme Court, Revenue, Wills Trusts, R.T.I

Get Advice
Advocate Ran Vijay Singh

Advocate Ran Vijay Singh

Anticipatory Bail, Arbitration, Banking & Finance, Civil, Consumer Court, Court Marriage, Cyber Crime, Domestic Violence, Labour & Service, Property, R.T.I, Succession Certificate, Trademark & Copyright, Criminal, Family, High Court

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.