Section 271 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 271 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the procedures for acquittal or conviction in cases where a charge has been framed. It outlines the steps a Magistrate must follow upon reaching a verdict.
📜 Text of Section 271
Section 271: Acquittal or conviction
Acquittal:
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.
Conviction and Sentencing:
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.(
Previous Conviction:
Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub-section (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).
⚖️ Comparison with the Criminal Procedure Code (Cr.P.C.)
Section 271 of the BNSS is analogous to Section 248 of the Cr.P.C., which similarly outlines the procedures for acquittal or conviction in cases where a charge has been framed. Both provisions ensure that the accused is given a fair opportunity to be heard before a verdict is rendered and that any previous convictions are considered appropriately.
🧭 Practical Implications
Ensuring Fairness: The requirement for the Magistrate to hear the accused on the question of sentence before passing judgment ensures that the accused's rights are considered in the sentencing process.
Handling Previous Convictions: The provision regarding previous convictions ensures that such information is only considered after a conviction has been made, preventing undue prejudice during the trial.
Legal Consistency: By aligning with the Cr.P.C., Section 271 maintains consistency in criminal procedural law, facilitating a smoother transition for legal professionals and the judiciary.
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