CrPC Section 224
Detailed Explanation of CrPC Section 224
Section 224 of the Code of Criminal Procedure (CrPC), 1973 deals with the withdrawal of remaining charges when a conviction has been made on one or more charges in the same trial. It allows the court to simplify the trial process after securing a conviction on some of the charges.
Text of Section 224 (Simplified Summary):
“When a charge containing more than one head is framed against the same person, and a conviction has been made on one or more of them, the prosecution may, with the consent of the Court, withdraw the remaining charges. The Court may also choose to stay inquiry into the remaining charges.”
Explanation:
1. Applicability:
This section is applicable only when multiple charges are framed against the same accused in one trial.
After a conviction on one or more charges, the prosecution can seek withdrawal of the rest of the charges.
2. Who Can Withdraw Charges?
Only the prosecution (i.e., the Public Prosecutor or the complainant in private complaints) can apply for the withdrawal.
This must be done with the permission of the Court.
3. Role of the Court:
The Court has the discretion to accept or reject the withdrawal of remaining charges.
The Court can also, on its own motion, decide not to proceed with the remaining charges.
4. Legal Effect:
If the remaining charges are withdrawn under Section 224:
It does not amount to an acquittal on those charges.
The accused may still be tried on those charges in the future, if necessary.
This is different from Section 300 CrPC, which deals with double jeopardy (being tried twice for the same offense).
5. Purpose:
To avoid unnecessary continuation of the trial when sufficient punishment has already been awarded.
To save judicial time and reduce burden on the courts.
Example:
An accused is charged with theft, criminal breach of trust, and forgery in the same trial.
If the accused is convicted of theft, the prosecution may withdraw the remaining charges of breach of trust and forgery, with the court’s permission, especially if the punishment is adequate.
Summary:
Section 224 CrPC allows the prosecution to withdraw remaining charges after a conviction has been secured on some charges in the same trial.
The withdrawal requires court approval and aims at simplifying legal proceedings.
This provision does not bar future trial on the withdrawn charges unless specifically discharged or acquitted.
RELATED Blog
0 comments