Prosecutorial Withdrawal in the Indian Criminal Justice System
Prosecutorial withdrawal in the criminal justice system in India, under Section 321 of the CrPC, enables a discontinuance before judgment is pronounced. Judicial consent is necessary for judicial-authorised public prosecutors to exercise such discretion, ostensibly in the cause of justice but with all the opportunities for misuse on grounds of politics. This article discusses the legal framework, judicial oversight, and ethical implications of prosecutorial withdrawal, assessing its impact on the fairness and integrity of criminal trials. It underscores the need for balanced application to prevent the erosion of public trust in the judicial process.