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Section history

Section 232 — Public Prosecutor may decline to further prosecute at any stage of trial

Consolidated view is experimental and may be broken for certain provisions.

Amendments
232.Public Prosecutor may decline to further to prosecute at any stage of trial

(1)At any stage of any proceedings in court —

(a)before an accused is acquitted of any charge; or

(b)where an accused has been convicted of any charge but before hethe accused is sentenced for that charge,

the Public Prosecutor may, if he thinks fit, inform the court that hethe Public Prosecutor will not further prosecute the accused upon the charge, and the proceedings on the charge against the accused must then be stayed and hethe shallaccused must be discharged from and of the same.

(2)Except in cases referred to in section 147, a discharge under subsection (1) shalldoes not amount to an acquittal unless the court so directs.

(3)Where an accused had previously been granted a discharge not amounting to an acquittal by a Magistrate’s Court or District Court in relation to an offence triable in the SubordinateState Courts, any Magistrate’s Court or District Court,Court as(as the case may be,be) may grant the accused a discharge amounting to an acquittal on the application of the Public Prosecutor.

(4)Where an accused had previously been granted a discharge not amounting to an acquittal by a Magistrate’s Court or District Court in relation to an offence triable in the General Division of the High Court, any Magistrate’s Court or District Court,Court as(as the case may be,be) may grant the accused a discharge on the application of the Public Prosecutor.

(5)A discharge under subsection (4) shall havehas the effect of an acquittal.

(6)An application under subsection (3) or (4) may be granted by the court notwithstandingdespite the absence of the accused.