Withdrawal from Prosecution Under Section 360 Bnss, 2023 from State of Bihar Versus Ram Naresh Pandey (1957) to State of Kerala Versus K. Ajith (2021): Has the Bnss Given Teeth to the Public Prosecutor?

Sohan Singh

doi:10.36948/ijfmr.2026.v08i05.89323

Withdrawal from Prosecution Under Section 360 Bnss, 2023 from State of Bihar Versus Ram Naresh Pandey (1957) to State of Kerala Versus K. Ajith (2021): Has the Bnss Given Teeth to the Public Prosecutor?

Author(s)	Dr. Sohan Singh
Country	India
Abstract	Withdrawal from prosecution occupies a distinctive position in criminal procedure because it permits termination of criminal proceedings before judgment, while simultaneously requiring judicial consent. Under the Code of Criminal Procedure, 1973 (CrPC), this power was contained in Section 321 and was interpreted through a substantial body of Supreme Court jurisprudence. Beginning with State of Bihar versus Ram Naresh Pandey, the Supreme Court established that the initiative to seek withdrawal belongs to the Public Prosecutor, while the court exercises a judicial supervisory function. Later decisions, particularly Sheonandan Paswan versus State of Bihar, Rajendra Kumar Jain versus State, and State of Kerala versus K. Ajith, refined the principles governing prosecutorial independence, public interest, good faith and judicial scrutiny. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the CrPC framework, substantially carries forward the previous Section 321 framework through Section 360. The principal textual innovation is the mandatory opportunity of hearing to the victim before the court permits withdrawal. This paper examines whether these changes have actually strengthened the Public Prosecutor or instead strengthened judicial and victim-oriented safeguards. It argues that the BNSS has not materially enlarged the substantive discretion of the Public Prosecutor. Rather, it has preserved the traditional prosecutorial initiative while adding a significant victim-participation requirement.
Keywords	BNSS; Section 360; withdrawal from prosecution; Public Prosecutor; Section 321 CrPC; Ram Naresh Pandey; K. Ajith; judicial consent; victim rights; prosecutorial discretion.
Published In	Volume 8, Issue 5, September-October 2026
Published On	2026-10-11
DOI	https://doi.org/10.36948/ijfmr.2026.v08i05.89323

View / Download PDF File

About IJFMR Fees & Payment Current Issue Publication Archive	Submit Research Paper Track Submission Status Publication Guidelines Publication Ethics Peer Review & Plagiarism	Join as a Reviewer Editors & Reviewers Reviewer Referral Program Get Reviewer Membership Certi.	Website/Journal Policies Usage Policy Content Policies Privacy Policy

Contact Us		+91-9687-828-838	editor@ijfmr.com

International Journal For Multidisciplinary Research

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Withdrawal from Prosecution Under Section 360 Bnss, 2023 from State of Bihar Versus Ram Naresh Pandey (1957) to State of Kerala Versus K. Ajith (2021): Has the Bnss Given Teeth to the Public Prosecutor?

Share this