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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XX: Trial Of Warrant-cases By Magistrates

Section 271 BNSS: Acquittal or conviction

Corresponding CrPC
Section 248 CrPC

Bare Act text

(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.

(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.

(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of subsection (7) of section 234 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:

Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2).

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

If a charge has been framed and the Magistrate finds the accused not guilty, he records an order of acquittal. If he finds the accused guilty and does not proceed under section 364 or section 401, he hears the accused on sentence and passes sentence according to law.

Chapter XX: Trial Of Warrant-cases By Magistrates

  1. 261 Compliance with section 230
  2. 262 When accused shall be discharged
  3. 263 Framing of charge
  4. 264 Conviction on plea of guilty
  5. 265 Evidence for prosecution
  6. 266 Evidence for defence
  7. 267 Evidence for prosecution
  8. 268 When accused shall be discharged
  9. 269 Procedure where accused is not discharged
  10. 270 Evidence for defence
  11. 271 Acquittal or conviction
  12. 272 Absence of complainant
  13. 273 Compensation for accusation without reasonable cause