Section 258 BNSS: Judgment of acquittal or conviction (Formerly Section 235 CrPC)

Section 258 of Bharatiya Nagarik Suraksha Sanhita, 2023: Judgment of acquittal or conviction

Official Bare Act Text

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

(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing.

(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law.

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

Charge Sec 2(1)(b)

Legal Commentary & Landmark Judgments: Section 258

Section 258 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the pronouncement of judgment of acquittal or conviction and mandates a separate hearing on sentence.

Sub-Section (1): Judge: Sub-section (1) provides that after hearing arguments and points of law (if any), the Judge shall give a judgment in the case.
Sub-Section (2): Judge: Sub-section (2) enacts a vital procedural mandate: if the accused is convicted, the Judge shall, unless they proceed in accordance with the provisions of Section 401 (probation), hear the accused on the question of sentence, and then pass sentence on them according to law.

The hearing on sentence requires a separate, substantive opportunity to place mitigating circumstances on record.

Key Landmark Precedents:

Santa Singh v. State of Punjab (1976) 4 SCC 190: The Supreme Court held that the hearing on sentence under Section 235(2) CrPC (Sec 258 BNSS) is mandatory; failure to afford an adequate opportunity to the accused to adduce evidence on mitigating circumstances vitiates the sentencing process.
Manoj v. State of M.P. (2023) 2 SCC 353: Mandated extensive psychiatric, socioeconomic, and mitigating background reporting before sentencing in capital cases, cementing Section 235(2) as a cornerstone of humanized sentencing.

Legal Commentary:

Section 258 bifurcates criminal adjudication into guilt determination and sentencing. Defense advocates must never treat the sentencing hearing as a routine plea for mercy; they should present documentary evidence of family dependency, reformation, lack of criminal history, and community roots.