LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rajendra prasad   19 May 2021

code of criminal procedure

what is difference between section 321 and 257 crpc


Learning

 3 Replies

Basant Khyati   19 May 2021

 

Hello,

Greeting of the Day!

Section 257 CrPC - If a complainant convinces the Magistrate that there are sufficient grounds for allowing him to withdraw his complaint against the accused, or if there are more than one accused, against all or all of them, the Magistrate may allow him to do so, and shall then acquit the accused against whom the complaint was filed.

Section 257 allows for the dismissal of a petition or complaint with the Court's consent at any time before the final order is issued. In summons cases, the clause alludes to the removal of protest. The section requires the plaintiff to request the removal of the lawsuit by demonstrating to the Court that there is a compelling reason for the protest's withdrawal. The Magistrate can, at his discretion, allow the grievance to be dismissed and the accused to be prosecuted.


 

If a trial has begun, it cannot be stopped unless there are compelling reasons related to public justice. The premise in which a Public Prosecutor continues to apply for withdrawal from prosecution is included in the preceding line. Section 321 of the Criminal Procedure Code of 1973 enshrines this principle. Since the State is in charge of charging the defendant in the criminal justice system, the Public Prosecutor, who serves as a representative of the government in court and as a court officer, plays a crucial role in the administration of justice. S. 321, the Public Prosecutor has the authority to withdraw from prosecution at any time before the judgment is rendered with the approval of the court.

Regards, 

Khyati 

rajendra prasad   19 May 2021

in motor vehicle act cases do we apply 257 or 321 crpc

Arpita Chauhan   19 May 2021

Respected Sir,

Section 257 of the Code of Criminal Procedure talks about the, "Withdrawal of a complaint"

It is given that if the complainant, 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 .

Section 321 of the CrPC speaks about, "Withdrawal from Prosecution"

It says, Withdrawal from prosecution. The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried.

Now Sir, the basic difference between the two is;

1) Under Section 257, withdrawal can be made by any complainant however under Section 321 withdrawal can only be done by prosecution that is either by the Public Prosecutor or by the Assistant Public Prosecutor.

2) Under Section 257, complaint is a private complaint while under Section 321 complaint is public issue.

I hope I was able to help.

However, this is as per my knowledge and the internet research. If you would like to clear out everything on this, I suggest you please contact a legal professional.

Regards

Arpita Chauhan

Law Student

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query