BNSS Section 278 — Acquittal or conviction

CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES

Criminal

Summary

After reviewing the evidence and any additional evidence the Magistrate chooses to bring in, if the Magistrate decides the accused is not guilty, they must record an order of acquittal. If the Magistrate does not follow the procedures in sections 364 or 401 and finds the accused guilty, they must pass a sentence according to the law. The Magistrate may also convict the accused of any offence that is triable under this Chapter, based on the facts admitted or proved, regardless of the original complaint or summons, as long as the accused would not be unfairly affected by this change.

Official 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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

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