Chapter VIII - RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY (From Section 111 to Section 124)
Withdrawal from prosecution requires court consent and protects victim's right to be heard; central government permission may be required. Withdrawal from prosecution allows the Public Prosecutor or Assistant Public Prosecutor in charge to cease prosecution before judgment with the consent of the Court; withdrawal before framing of charge leads to discharge, and withdrawal after framing (or where no charge is required) leads to acquittal. Withdrawal is subject to limits where the offence concerns central executive matters, Central Act investigations, damage to Central Government property, or offences by Central Government servants acting in official capacity: in such cases the Prosecutor must produce Central Government permission if not centrally appointed. The Court must also give the victim an opportunity to be heard.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Withdrawal from prosecution requires court consent and protects victim's right to be heard; central government permission may be required.
Withdrawal from prosecution allows the Public Prosecutor or Assistant Public Prosecutor in charge to cease prosecution before judgment with the consent of the Court; withdrawal before framing of charge leads to discharge, and withdrawal after framing (or where no charge is required) leads to acquittal. Withdrawal is subject to limits where the offence concerns central executive matters, Central Act investigations, damage to Central Government property, or offences by Central Government servants acting in official capacity: in such cases the Prosecutor must produce Central Government permission if not centrally appointed. The Court must also give the victim an opportunity to be heard.
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