Section 255 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of Section 255 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which pertains to the acquittal of the accused when no evidence is presented.
🧾 Section 255: Acquittal
Provision
If, after taking the evidence for the prosecution, examining the accused, and hearing both the prosecution and the defense on the point, the Judge considers that there is no evidence that the accused committed the offense, the Judge shall record an order of acquittal.(
⚖️ Key Features
Post-Evidence Evaluation: This provision applies after the prosecution has presented its evidence, the accused has been examined, and both parties have been heard.
Judge's Determination: The Judge assesses whether the evidence presented substantiates the accusation against the accused.
Order of Acquittal: If the Judge finds no evidence linking the accused to the offense, an order of acquittal is recorded, leading to the accused's release.(
⚖️ Comparison with Indian Penal Code (IPC)
Section 255 of the BNSS is broadly analogous to Section 232 of the Indian Penal Code (CrPC), which governs the acquittal of the accused when no evidence is presented. Both provisions ensure that an accused person is not convicted without sufficient evidence.
🧭 Key Takeaways
Ensuring Fairness: This provision upholds the principle that an accused person should not be convicted without adequate evidence.
Judicial Discretion: It grants judges the discretion to evaluate the sufficiency of evidence before proceeding with a conviction.
Protection of Rights: Safeguards the rights of the accused by preventing wrongful convictions in the absence of evidence.
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