Withdrawal of complaint
Section 257 of the Code of Criminal Procedure, 1973 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.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 257, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 280 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 The repealed enactment still governs what happened while it was in force.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.
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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UNIVERSAL CORPORATION LTD. vs RAVNEET SINGH SETHI
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.
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Shyamkumar P.b. @ Shyam vs Union of India
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
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 257
What have the courts held on Section 257 of the Code of Criminal Procedure?
UNIVERSAL CORPORATION LTD. vs RAVNEET SINGH SETHI (22 Oct 2024) is the leading judgment on this section among those set out below: 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. Another 1 judgment on this section is set out below. They run from 2017 to 2024.
How do I find court cases under Section 257 of the Code of Criminal Procedure?
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: CRPC 257, section 257 CRPC, section 257 of the Code of Criminal Procedure. 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 UNIVERSAL CORPORATION LTD. vs RAVNEET SINGH SETHI (22 Oct 2024).
What should I read with Section 257 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 280 (Withdrawal of complaint), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 257 of the Code of Criminal Procedure come into force?
Section 257 of the Code of Criminal Procedure, cited as CRPC 257, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.