Have you ever wondered if it’s possible to withdraw a criminal case in Bangladesh — and if so, how?
Whether you’re the complainant, the accused, or simply curious, this blog will help you understand the legal process, your rights, and what the court considers before allowing a case to be withdrawn.
Let’s break it down in simple terms.
⚖️ Is It Possible to Withdraw a Criminal Case?
Yes, but it depends on the type of case and where it stands in the legal process. The procedure is mainly governed by the Code of Criminal Procedure (CrPC) 1898.
There are two types of criminal offenses in Bangladesh:
1. Cognizable Offenses (Serious Crimes)
Examples: Murder, rape, theft
- Police can arrest without a warrant
- Tougher to withdraw due to public interest
2. Non-Cognizable Offenses (Less Serious)
Examples: Defamation, minor assault
- Police need court permission to act
- Easier to withdraw with the court’s permission
📝 The Legal Process to Withdraw a Case
Here’s what usually happens if someone wants to withdraw a case:
Step 1: Formal Application
- The complainant files a written application in court, stating the reasons for withdrawal.
- Supporting documents may be attached.
Step 2: Court Evaluation
- The court checks if the request is genuine and free from pressure.
- In serious cases, the judge may investigate further.
Step 3: Prosecution’s Involvement
- For serious offenses, the State is the prosecutor.
- Even if the complainant wants to withdraw, the State may continue the case for public safety.
Step 4: Final Decision by the Court
- The judge will decide if the case should be withdrawn or proceed further based on justice and public interest.
🧘 Can Cases Be Settled Outside Court?
Yes ,but only for non-serious or family-related matters. Settlements or mediation may help:
- Both parties agree to settle.
- The settlement is submitted to court.
- The judge must approve it before the case is officially withdrawn.
👉 Want to know more? Check our article:How to legally withdraw a criminal case
🚨 What If There’s Pressure on the Complainant?
This is a big concern.
Courts are very cautious in:
- Domestic violence cases
- Cases with power imbalances
- Situations where the complainant may be threatened or coerced
The judge may refuse to allow withdrawal if there’s a risk of injustice.
⚖️ Factors Courts Consider Before Approving Withdrawal
- Is the offense against a single person or society at large?
- Will public safety be affected?
- Is the victim making the request freely?
- Has the accused already been charged or is the case still under investigation?
👨💼 Legal Advice is Essential
Withdrawing a criminal case has long-term consequences for both sides. That’s why legal guidance is crucial.
A lawyer can help:
- Draft and submit your application properly
- Represent your interests in court
- Ensure your withdrawal doesn’t harm future legal rights
👉 Need help? Book a consultation with our legal team
