Withdrawal of complaint
Section 280 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 m The Act came into force on 01 Jul 2024.
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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
Section 280, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 257 Withdrawal of complaint Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shyamkumar P.b. @ Shyam vs Union of India
Decided under Code of Criminal Procedure 257, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving cheque dishonour where the parties are willing to settle, the court should facilitate mediation and alternative dispute resolution mechanisms rather than adjudicating the constitutional validity of the substantive law, thereby promoting settlement and reducing litigation burden while protecting the interests of both parties through enforceable compromise agreements.
On this section: Enabling provision for withdrawal of criminal complaint; used in the settlement arrangement to allow complainant to withdraw the case
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UNIVERSAL CORPORATION LTD. vs RAVNEET SINGH SETHI
Decided under Code of Criminal Procedure 257, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a complainant in a criminal case files a petition under Section 257 Cr.P.C. for withdrawal after the parties have amicably settled their dispute, and the court is satisfied that the complainant is genuinely not willing to proceed, the court should grant the withdrawal petition, resulting in the acquittal of the accused.
On this section: Section 257 Cr.P.C. provides the legal framework for withdrawal of cases by the complainant. The court applied this section to permit the withdrawal of the criminal case after finding that the parties had amicably settled their dispute and the complainant was no longer willing to proceed.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 280
What have the courts held on Section 280 of the Bharatiya Nagarik Suraksha Sanhita?
Shyamkumar P.b. @ Shyam vs Union of India (09 Aug 2017) is the leading judgment on this section among those set out below, though it was decided under CRPC 257, which this section replaced -- the court never mentioned this Act: Enabling provision for withdrawal of criminal complaint; used in the settlement arrangement to allow complainant to withdraw the case. Another 1 judgment on this section is set out below. They run from 2017 to 2024.
How do I find court cases under Section 280 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 280, section 280 BNSS, section 280 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 280 bnss in crpc and 280 bnss act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Shyamkumar P.b. @ Shyam vs Union of India (09 Aug 2017).
What should I read with Section 280 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 257 (Withdrawal of complaint), so the judgments decided under that provision are the case law on this one.
When did Section 280 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 280 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 280, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.