Section 271 BNSS: Acquittal or conviction (Formerly Section 255 CrPC)

Section 271 of Bharatiya Nagarik Suraksha Sanhita, 2023: Acquittal or conviction

Official Bare Act Text

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

(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 364 or section 401, 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 234 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).

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

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 271

Section 271 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 248 of the CrPC, 1973) governs the terminal stage of a warrant trial instituted otherwise than on a police report or on a police report, mandating the Magistrate to pronounce an order of acquittal if the accused is not found guilty, or to proceed with sentencing upon conviction.

Finding of Not Guilty and Acquittal: If, upon appraisal of the entire prosecution and defence evidence, the Magistrate finds the accused not guilty, an explicit order of acquittal must be recorded immediately.
Hearing on Sentence upon Conviction: Where the accused is found guilty, unless the Magistrate opts to grant probation under Section 401 or release after admonition, the Magistrate is legally bound to hear the accused on the question of sentence before passing sentence.
Separation of Conviction and Sentencing: The judicial determination of guilt and the assessment of appropriate quantum of punishment are two distinct statutory stages ensuring procedural fairness.

Key Landmark Precedents:

State v. Kuldip Singh, 1999 SCC (Cri) 518: The Supreme Court ruled that hearing the convict on the question of sentence is not a mere ritualistic formality; failure to afford an adequate opportunity to present mitigating circumstances vitiates the sentencing order.
Babu v. State of Kerala, (2010) 9 SCC 189: Reiterated that an order of acquittal reinforces the initial presumption of innocence in favor of the accused, and appellate courts will not interfere unless the findings are perverse or palpably erroneous.

Courtroom Practice & Strategic Litigation Guidance:

Defense counsel must prepare mitigating materials (age, family dependence, clean antecedents, medical records) in advance of the sentencing hearing so that the court may consider lenient sentencing or probation under Section 401.