Section 255 BNSS: Acquittal (Formerly Section 232 CrPC)

Section 255 of Bharatiya Nagarik Suraksha Sanhita, 2023: Acquittal

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Investigation Sec 2(1)(h)

Legal Commentary & Landmark Judgments: Section 255

Section 255 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates the acquittal of the accused at the close of prosecution evidence when there is no evidence of guilt.

Evidentiary Proof & Admissibility: Section 255 provides that if, after taking the evidence for the prosecution, examining the accused under Section 351, and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.
Inquiry & Trial Mechanism: This provision creates a mid-trial judicial review point, terminating the trial in favor of the accused without calling upon them to enter their defense.

Key Landmark Precedents:

Pakala Narayana Swami v. Emperor (AIR 1939 PC 47): Classic ruling settling that if the prosecution fails to establish a prima facie case at the close of its evidence, the accused is entitled to immediate acquittal without entering their defense.
Satish Mehra v. Delhi Admn. (1996) 9 SCC 766: Affirmed that when prosecution evidence completely fails to establish the charge, forcing the accused to continue facing trial is an abuse of process; Section 232 CrPC (Sec 255 BNSS) mandates an acquittal.

Legal Commentary:

Section 255 provides an essential mid-trial safeguard. If key prosecution witnesses turn hostile or forensic evidence collapses, the defense should file an application under Section 255 demonstrating complete absence of legal evidence, securing an acquittal before defense evidence.