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Example
Statutory link
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Nolle prosequi
| Literal meaning | To be unwilling to prosecute |
|---|---|
| Pronunciation | NOL-ay PROS-eh-kwee |
A decision by the prosecutor not to go on with a criminal case. In India it is called withdrawal from prosecution.
Example
The Public Prosecutor finds that the case is not made out and asks the court's permission to withdraw it.
Statutory link
Section 321 of the Code of Criminal Procedure, 1973 (now in the Bharatiya Nagarik Suraksha Sanhita): a Public Prosecutor may withdraw a case with the court's consent.
Exceptions / limits
The court must give its consent. It will refuse if the withdrawal is to help the accused for an improper reason.
Exam tip
Asked with Section 321 CrPC.
Memory trick
Prosecutor says: I will not pursue.
Key takeaway
A prosecutor can withdraw a case, but only with the court's consent.
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