Introduction to Section 247 BNSS
Section 247 BNSS deals with the legal procedure followed when a person is charged with multiple offences but convicted for only one or a few of them. It provides a lawful path for the prosecution or the court to withdraw the remaining charges after a conviction is secured. This section helps in ensuring speedy justice and avoids unnecessary trials.
What is BNSS Section 247 ?
BNSS Section 247 deals with situations where a person is charged with multiple offences, and after being convicted for one or more of those charges, the court may allow the remaining charges to be withdrawn. If the withdrawal is permitted, it is treated as an acquittal unless the earlier conviction is overturned. If that happens, the court can restart the trial on the withdrawn charges.
BNSS Section of 247 in Simple Points
1. Applies to Cases with Multiple Charges
BNSS Section 247 is specifically used in situations where a person is charged with multiple offences in one case. These may include a series of acts like theft, trespassing, and assault, all part of one incident. After the person is convicted for one or more of those charges, the remaining charges may no longer be needed to pursue. For example, if the main and most serious offence is already proven, then going through trial for other smaller offences might not serve much purpose. In such cases, either the prosecution or the complainant may seek permission from the court to withdraw the rest of the charges. The court also has the power to take this step on its own.
2. Withdrawal Is Treated as Acquittal
Once the remaining charges are withdrawn under BNSS 247, the law considers the accused as acquitted of those charges. This means that the person cannot be tried again in the future for those same charges unless a very specific situation occurs, like cancellation of the earlier conviction. Even though there was no full trial for those withdrawn charges, the person still gets legal protection, as if they were found not guilty. This helps in closing that part of the case completely and protects the rights of the accused from being dragged back into court unnecessarily.
3. Requires Court’s Permission
One important aspect of BNSS Section 247 is that charges cannot be withdrawn without the court’s approval. Even if the public prosecutor or complainant feels it is not necessary to continue with the trial of the remaining charges, they must approach the court for permission. The judge will review the situation and allow the withdrawal only if it serves the interests of justice. This step ensures that the withdrawal is not misused or done unfairly. Moreover, if the court believes it’s appropriate, it can also decide to withdraw the charges without a request from either side.
4. Trial Can Resume if Conviction is Set Aside
BNSS 247 includes a special condition—if the conviction that led to the withdrawal of other charges is later overturned or cancelled, then the withdrawn charges can be brought back to trial. For example, if a person was convicted for theft and the remaining charges like trespass were dropped, but later the theft conviction is overturned by a higher court, then the court may decide to reopen the trial for the dropped charges. This clause ensures that justice is not lost due to technical errors or wrongful conviction. However, such action is subject to the higher court’s directions.
5. Supports an Efficient Legal System
The goal of BNSS Section 247 is not only to protect the rights of the accused but also to reduce the burden on the courts. When the most serious charges have already led to a conviction, trying the accused for minor or secondary charges may not be necessary. Continuing with all charges in every case could delay justice and overload the judiciary. BNSS 247 gives the legal system the flexibility to drop less important charges once the main offence is proven, which supports faster justice, saves public money, and maintains focus on meaningful outcomes in criminal trials.
Section 247 of BNSS Overview
BNSS 247 empowers the prosecution or court to drop remaining charges against an accused after a valid conviction. Such withdrawal is treated as an acquittal for the withdrawn charges. However, if the conviction is overturned, the court may reopen the trial on those withdrawn charges. This balances the rights of the accused with judicial efficiency.
10 Key Points of BNSS Section 247
1. Multiple Charges Against One Person
BNSS Section 247 applies when one person is charged with more than one offence in the same case. These charges may be part of one complaint or FIR, and are listed separately in the charge sheet. The section is designed to manage such complex legal situations efficiently when one or more charges have already led to a conviction.
2. Conviction on One or More Charges
If the court convicts the accused for one or more of the charges, the prosecution or complainant may decide not to pursue the remaining charges. This avoids unnecessary continuation of trial proceedings when the main goal of justice has already been achieved through conviction.
3. Consent of the Court is Mandatory
The remaining charges can only be withdrawn with the permission of the court. This means the judge must review and agree that further trial is not needed. This protects the rights of the accused and ensures that withdrawal is not misused or done casually.
4. Court Can Also Act on Its Own
Interestingly, the court itself also has the power to stop further trial for the remaining charges without waiting for the prosecution’s request. This is helpful in saving court time and resources when justice has already been served in one or more charges.
5. Withdrawal Equals Acquittal
Once the remaining charges are withdrawn with the court’s consent, they are considered acquitted under the law. This means the accused is treated as not guilty of those charges, and it closes the matter legally, giving finality to the proceedings.
6. Exception If Conviction Is Set Aside
However, if the earlier conviction (the one for which the person was found guilty) is later cancelled or overturned by a higher court, the trial for the withdrawn charges can be restarted. This ensures that justice is not denied just because a technical error invalidated the earlier conviction.
7. Subject to Higher Court Orders
In case the conviction is set aside, the trial for the previously withdrawn charges can only resume subject to the directions of the higher court. This protects legal hierarchy and ensures that only necessary trials are reopened with judicial review.
8. Encourages Efficient Case Disposal
This section helps to reduce the burden on courts and saves time. If a person is convicted for the main or serious offence, the court may not find it useful to pursue less important charges, especially if they don’t carry additional punishment.
9. Protects Accused from Multiple Trials
Section 247 also protects the rights of the accused by avoiding repeated or unnecessary trials for the same set of incidents. Once they are convicted, and other charges are withdrawn, they don’t have to live under the fear of future trials — unless the earlier conviction is set aside.
10. Promotes Fairness and Legal Finality
The ultimate purpose of this section is to promote fairness, judicial efficiency, and legal finality. It ensures that only necessary trials take place, protects the accused from being dragged into court repeatedly, and respects the authority of judicial decisions at every stage.
Example 1:
A man is charged with three offences: theft, trespass, and criminal intimidation. He is convicted for theft, the most serious charge. The court, seeing that justice is served, permits withdrawal of the remaining charges (trespass and intimidation). These withdrawn charges are treated as acquitted.
Example 2:
A woman is accused of fraud, forgery, and using fake documents. She is convicted for fraud. Later, the High Court overturns her fraud conviction. Now, the court can reopen the trial for forgery and fake documents under BNSS 247, since the earlier reason for withdrawal no longer exists.
Section 247 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Multiple Charges | BNSS 247 applies when one person faces several charges for related offences in the same case. It helps manage such complex situations efficiently. |
| 2. Conviction on One Charge | Once the person is convicted for one or more charges, the remaining lesser charges can be withdrawn if they serve no further purpose for justice. |
| 3. Court’s Permission | The withdrawal of remaining charges requires approval from the court. The judge ensures it serves justice and prevents misuse of power. |
| 4. Treated as Acquittal | Once withdrawn with court consent, those charges are legally treated as acquitted — meaning the accused cannot be tried again for them. |
| 5. Revival if Conviction Cancelled | If the earlier conviction is later overturned by a higher court, the trial for the withdrawn charges can be reopened, ensuring justice is preserved. |
BNSS Section 247 FAQs
BNSS 247
Conclusion
BNSS Section 247 ensures a fair, efficient, and balanced justice process by allowing the court to withdraw unneeded charges once a main conviction is secured. Such withdrawal counts as acquittal, protecting the accused from repeated trials. However, if the main conviction is later set aside, the law allows those charges to be revived for trial. This section helps reduce judicial burden while keeping justice fair and complete.
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Finished with BNSS Section 247 ? Continue reading the next sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Each section is explained in easy words, with simple examples, so anyone can understand it clearly.
- Section 248 BNSS : Role of Public Prosecutor in Sessions Trials .
- Section 249 BNSS : Opening Case for Prosecution.
- Section 250 BNSS : Discharge of the Accused.
- Section 251 BNSS : Framing Charges During Trial.
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