CrPC Section 248 — Acquittal or conviction

Summary

Sub-section (1) applies where a charge has been framed in a case under this Chapter. If the Magistrate finds the accused not guilty, the Magistrate must record an order acquitting the accused.

Sub-section (2) applies where the Magistrate finds the accused guilty in a case under this Chapter but does not proceed under section 325 or section 360. The Magistrate must hear the accused on the sentence and then pass sentence according to law.

Sub-section (3) applies when a previous conviction is charged under section 211(7) and the accused does not admit having been previously convicted as alleged. After convicting the accused, the Magistrate may take evidence about the alleged previous conviction and must record a finding on it. Under the proviso, the Magistrate must not read out the previous-conviction charge or ask the accused to plead to it, and the prosecution must not refer to the previous conviction or include it in evidence, unless and until the accused has been convicted under sub-section (2).

Official Text

(1) 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.

(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.

(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub-section (7) of section 211 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).

Sections referred to

• CrPC §211 — Contents of charge
• CrPC §325 — Procedure when Magistrate cannot pass sentence sufficiently severe
• CrPC §360 — Order to release on probation of good conduct or after admonition

Old <-> New Code Mapping

• BNSS §271 — Acquittal or conviction