Introduction
Section 280 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the withdrawal of a complaint in a summons-case instituted upon a complaint.
The section allows the complainant to seek permission from the Magistrate to withdraw the complaint. If the Magistrate is satisfied that there are sufficient grounds for permitting the withdrawal, the Magistrate may allow it and consequently acquit the accused against whom the complaint was made.
Meaning of Withdrawal of Complaint
Withdrawal of a complaint means that the complainant seeks to discontinue the criminal proceedings initiated through the complaint.
However, the complainant does not have an unrestricted unilateral right to terminate the proceedings merely by expressing a desire to withdraw. Permission of the Magistrate is required.
The Magistrate must consider whether there are sufficient grounds for allowing the withdrawal.
Object and Purpose
Section 280 provides a statutory mechanism for bringing complaint proceedings to an end where the complainant no longer wishes to continue and the Magistrate finds sufficient grounds to permit withdrawal.
The provision aims to:
- provide a formal procedure for withdrawal of a complaint;
- prevent arbitrary termination of criminal proceedings;
- give the Magistrate judicial control over the withdrawal; and
- provide a consequential acquittal of the accused when withdrawal is permitted.
Essential Elements
1. Complaint Must Have Been Instituted
Section 280 applies to a case instituted upon a complaint.
It therefore operates in the context of complaint-based criminal proceedings.
2. Complainant Must Seek Withdrawal
The complainant must approach the Magistrate and request permission to withdraw the complaint.
The withdrawal is therefore subject to the Court’s consideration.
3. Permission of the Magistrate Is Required
The Magistrate may permit withdrawal only where the Magistrate is satisfied that there are sufficient grounds for allowing it.
The complainant cannot simply withdraw the complaint without the Magistrate’s permission.
4. Magistrate Must Be Satisfied About Sufficient Grounds
The Magistrate has to apply judicial mind to the request.
The existence of sufficient grounds is the statutory basis upon which permission to withdraw may be granted.
5. Consequence Is Acquittal
Where the Magistrate permits withdrawal of the complaint, the Magistrate must acquit the accused against whom the complaint was made.
Thus, withdrawal under Section 280 is directly linked to acquittal.
Procedure
The procedure under Section 280 can be understood as follows:
- A complaint case is pending before the Magistrate.
- The complainant applies for permission to withdraw the complaint.
- The Magistrate considers the request.
- The Magistrate determines whether sufficient grounds exist for permitting withdrawal.
- If satisfied, the Magistrate allows the complaint to be withdrawn.
- The Magistrate consequently acquits the accused against whom the complaint was made.
Role of the Magistrate
The Magistrate plays an important role under Section 280.
The Magistrate is not required to allow withdrawal merely because the complainant requests it.
The statutory requirement of sufficient grounds means that the Magistrate must consider whether withdrawal should be permitted in the circumstances of the case.
Once permission is granted, the statutory consequence is acquittal of the accused.
Withdrawal and Acquittal
Section 280 creates a direct connection between withdrawal and acquittal.
Where the Magistrate permits the complainant to withdraw the complaint, the accused against whom the complaint was made is acquitted.
Therefore, withdrawal under this section is not merely an administrative closure of the complaint.
Important Distinctions
Withdrawal and Non-Appearance
Section 279 deals with the non-appearance or death of the complainant.
Section 280 deals with a deliberate request by the complainant to withdraw the complaint with the permission of the Magistrate.
Withdrawal and Discharge
Withdrawal under Section 280 results in acquittal, not merely discharge, when the Magistrate permits the withdrawal.
Withdrawal and Automatic Termination
The complainant cannot automatically terminate the proceedings simply by communicating an intention to withdraw.
The Magistrate’s permission is required.
BNSS and CrPC
Section 280 BNSS corresponds to Section 257 of the Code of Criminal Procedure, 1973.
The core procedure remains substantially the same: the complainant may, at any time before a final order is passed, seek permission to withdraw the complaint; if the Magistrate is satisfied that there are sufficient grounds for permitting withdrawal, the Magistrate may allow it and acquit the accused.
Common Confusions
Can the complainant withdraw the complaint without permission?
No.
Permission of the Magistrate is required.
Is withdrawal automatically granted when the complainant requests it?
No.
The Magistrate must be satisfied that there are sufficient grounds for permitting withdrawal.
What happens after withdrawal is permitted?
The Magistrate acquits the accused against whom the complaint was made.
Is withdrawal the same as discharge?
No.
Section 280 specifically provides for acquittal following permitted withdrawal.
Is Section 280 applicable to every criminal case?
No.
It specifically deals with withdrawal of a complaint in a complaint case.
Topic at a Glance
- Topic: Withdrawal of complaint
- BNSS Section: Section 280
- Chapter: XXI
- Applies to: Complaint cases
- Who seeks withdrawal: Complainant
- Requirement: Permission of Magistrate
- Ground: Magistrate must be satisfied that there are sufficient grounds
- Consequence: Acquittal of accused
- CrPC counterpart: Section 257
Quick Revision
- Section 280 BNSS deals with withdrawal of a complaint.
- The complainant must seek permission of the Magistrate.
- Withdrawal is not an automatic right.
- The Magistrate must be satisfied that there are sufficient grounds for permitting withdrawal.
- If withdrawal is permitted, the Magistrate acquits the accused against whom the complaint was made.
- Withdrawal under Section 280 results in acquittal, not merely discharge.
- Section 280 corresponds to Section 257 CrPC.
ALSO READ: Section 279 – Non-appearance or death of complainant
Conclusion
Section 280 BNSS provides a controlled mechanism for withdrawal of complaint proceedings. It allows a complainant to seek termination of the case but places the final decision with the Magistrate. Where sufficient grounds exist and withdrawal is permitted, the accused receives an order of acquittal. The provision therefore balances the complainant’s ability to discontinue the proceedings with judicial supervision over the termination of a criminal case.
