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of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.
Why this exists
This section provides a practical shortcut: if a person has already been convicted on one serious charge in a case with multiple overlapping counts, there is often little practical value in continuing to pursue every additional charge, especially if the punishment wouldn't meaningfully increase. It also protects the accused by treating the withdrawal as a full acquittal on those counts, while still allowing the case to be reopened if the original conviction is later overturned.
Common misconceptions
- Myth: Withdrawing the remaining charges after a conviction means the accused could still be tried for them again later.
Fact: The withdrawal is treated as an acquittal on those charges, meaning they generally cannot be revived — except specifically if the original conviction is later set aside on appeal.