Section 278 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Section 278: Acquittal or Conviction
Text of the Section:
Acquittal:
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.
Conviction and Sentencing:
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.
Conviction for Other Offences:
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.
🧭 Purpose and Context
Section 278 of the BNSS, 2023, outlines the procedure for a Magistrate to follow upon concluding a trial. It provides guidelines for acquittal, conviction, and sentencing, ensuring that the legal process is conducted fairly and justly.(apnilaw.com)
⚖️ Comparison with the Code of Criminal Procedure (CrPC)
Section 278 of the BNSS, 2023, corresponds to Section 255 of the Code of Criminal Procedure (CrPC), 1973. Both sections deal with the Magistrate's actions upon concluding a trial, including the recording of acquittal or conviction and the passing of sentence.
🧭 Significance
Ensures Fair Trial Outcomes: By providing a clear procedure for acquittal and conviction, this section ensures that the outcomes of trials are based on the evidence presented and in accordance with the law.
Protects the Rights of the Accused: The provision allowing for conviction of offences other than those initially charged ensures that the accused is not prejudiced by technicalities, provided they are given a fair opportunity to defend themselves.
Promotes Judicial Efficiency: The guidelines for sentencing help in the timely and consistent imposition of penalties, contributing to the overall efficiency of the judicial system.
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