Introduction
Section 247 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the situation where an accused person is convicted on one of several charges and the Court decides that it is unnecessary to proceed with the remaining charges.
The provision allows the Court to withdraw the remaining charges after recording a conviction on one of the charges, subject to the conditions laid down by law.
Meaning of Section 247
Where a person has been charged with several offences and is convicted on one of those charges, the remaining charges may be withdrawn if the Court considers that proceeding with them would not be necessary.
The withdrawal is intended to prevent unnecessary continuation of proceedings where the conviction already recorded adequately resolves the matter.
Object and Purpose
The main objectives of Section 247 are:
- To avoid unnecessary continuation of criminal proceedings.
- To prevent duplication of trials.
- To save judicial time.
- To avoid unnecessary examination of evidence on remaining charges.
- To permit the Court to conclude proceedings efficiently where appropriate.
When Does Section 247 Apply?
Section 247 applies when:
- The accused has been charged with several offences.
- The accused is convicted on one or more of those charges.
- The Court considers that proceeding with the remaining charge or charges is unnecessary.
- The Court therefore withdraws the remaining charges.
Withdrawal of Remaining Charges
The important feature of this provision is that the Court may stop proceedings relating to the remaining charges after conviction on one charge.
This prevents the Court from continuing with charges that no longer need to be determined in light of the conviction already recorded.
Example
Suppose A is charged with three offences arising out of the same criminal incident:
- Offence A;
- Offence B; and
- Offence C.
If the Court convicts A on Offence A and considers that it is unnecessary to proceed with Offences B and C, the Court may withdraw the remaining charges in accordance with Section 247.
The purpose is to avoid unnecessary continuation of the trial.
Important Safeguard
Withdrawal of the remaining charges is not the same as an acquittal on those charges after a full trial.
The provision allows the Court to discontinue the remaining charges where the statutory conditions are satisfied.
The Court must exercise the power appropriately and in accordance with the requirements of the provision.
Relation to Multiple Charges
Section 247 becomes relevant where the accused faces more than one charge.
It is therefore connected with the earlier provisions dealing with:
- separate charges;
- joinder of charges;
- trial for multiple offences; and
- joint trials.
These provisions collectively regulate how multiple accusations are framed and dealt with during a criminal trial.
Relationship with Section 241
Section 241 establishes the general principle regarding separate charges for distinct offences.
Section 247 operates at a later stage, where several charges have already been framed and the accused has been convicted on one of them.
Thus:
Section 241 → Separate charges for distinct offences
Section 247 → Withdrawal of remaining charges after conviction on one charge
Importance of Section 247
Section 247 promotes procedural efficiency.
Criminal trials can involve substantial judicial time, witnesses and evidence. Where a conviction on one charge makes it unnecessary to continue with the remaining charges, the provision allows the Court to avoid unnecessary proceedings.
It therefore helps:
- reduce duplication;
- shorten proceedings;
- conserve judicial resources; and
- facilitate efficient disposal of criminal cases.
BNSS and CrPC
Section 247 of the BNSS corresponds to Section 224 of the Code of Criminal Procedure, 1973.
The provision retains the principle concerning the withdrawal of remaining charges where an accused has been convicted on one of several charges.
Common Confusions
Does withdrawal of a charge mean the accused is convicted of that charge?
No.
The conviction relates to the charge on which the accused was actually convicted. The remaining charges are withdrawn.
Does the Court have to continue with every charge once it has been framed?
Not necessarily.
Section 247 provides a mechanism for withdrawal of remaining charges in the circumstances specified by law.
Is withdrawal the same as acquittal?
No.
Withdrawal of a remaining charge is procedurally different from an acquittal following determination of that charge on its merits.
Why is this provision useful?
It prevents the Court from unnecessarily continuing proceedings on charges where continuation is no longer required.
Topic at a Glance
- BNSS Section: 247
- Subject: Withdrawal of remaining charges on conviction on one of several charges
- Trigger: Conviction on one of several charges
- Purpose: Avoid unnecessary continuation of proceedings
- Effect: Remaining charges may be withdrawn
- Related provisions: Sections 241–246
- Corresponding CrPC provision: Section 224
- Nature: Procedural provision
Quick Revision
- Section 247 deals with withdrawal of remaining charges.
- It applies when the accused has been convicted on one of several charges.
- The Court may withdraw the remaining charges where continuation is unnecessary.
- The provision helps avoid unnecessary proceedings and duplication.
- Withdrawal of a charge is not the same as conviction on that charge.
- Withdrawal is also distinct from an acquittal after trial.
- Section 247 BNSS corresponds to Section 224 CrPC.
ASLO READ: Section 246 – What persons may be charged jointly
Conclusion
Section 247 of the BNSS enables the Court, after convicting an accused on one of several charges, to withdraw the remaining charges where proceeding with them is unnecessary. The provision promotes efficient criminal procedure by preventing needless continuation of proceedings while maintaining the distinction between conviction, withdrawal and acquittal.
