CrPC Section 255 — Acquittal or conviction

Summary

Sub-section (1) If, after considering the evidence referred to in section 254 and any further evidence the Magistrate chooses to have produced, the Magistrate finds the accused not guilty, the Magistrate must record an acquittal.

Sub-section (2) If the Magistrate does not proceed under section 325 or section 360 and finds the accused guilty, the Magistrate must impose a sentence according to law.

Sub-section (3) Under section 252 or this section, the Magistrate may convict the accused of any offence triable under this Chapter that appears, from the facts admitted or proved, to have been committed. This may be done whatever the nature of the complaint or summons, but only if the Magistrate is satisfied that the accused would not be prejudiced by it.

Official Text

(1) If the Magistrate, upon taking the evidence referred to in section 254 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 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law.

(3) A Magistrate may, under section 252 or section 255, 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.

Sections referred to

• CrPC §252 — Conviction on plea of guilty
• CrPC §254 — Procedure when not convicted
• 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 §278 — Acquittal or conviction