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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 XXI: Trial Of Summons-cases By Magistrates

Section 278 BNSS: Acquittal or conviction

Corresponding CrPC
Section 255 CrPC

Bare Act text

(1) If the Magistrate, upon taking the evidence referred to in section 277 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal.

(2) Where the Magistrate does not proceed in accordance with the provisions of section 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon him according to law.

(3) A Magistrate may, under section 275 or section 278, convict the accused of any offence triable under this Chapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.

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

After taking the evidence, the Magistrate records an order of acquittal if he finds the accused not guilty. If he finds the accused guilty and does not proceed under section 364 or section 401, he passes sentence according to law.

Chapter XXI: Trial Of Summons-cases By Magistrates

  1. 274 Substance of accusation to be stated
  2. 275 Conviction on plea of guilty
  3. 276 Conviction on plea of guilty in absence of accused in petty cases
  4. 277 Procedure when not convicted
  5. 278 Acquittal or conviction
  6. 279 Non-appearance or death of complainant
  7. 280 Withdrawal of complaint
  8. 281 Power to stop proceedings in certain cases
  9. 282 Power of Court to convert summons-cases into warrant-cases