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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
Why this exists
This lets a complainant end proceedings against an accused when circumstances change - a genuine reconciliation, a realization the complaint was mistaken, or simply that pursuing it no longer serves any purpose - while requiring the Magistrate's satisfaction that there's a real, sufficient reason, guarding against withdrawal being used to manipulate the process improperly. It mirrors section 257 of the earlier Code of Criminal Procedure.
Common misconceptions
- Myth: Once a criminal complaint is filed, it can never be taken back.
Fact: A complainant can withdraw a complaint before the final order, if the Magistrate is satisfied there are sufficient grounds, and this leads to acquittal of the accused.