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.
Bharatiya Nagarik Suraksha Sanhita
Section 255
Acquittal
Englishहिंदी
⚡ Quick Answer Reference: Section 255 BNSS
- Provision: Section 255 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL BEFORE A COURT OF SESSION
- Jurisdiction: India
- Summary: This section means that if the judge finds no evidence against the accused after hearing both sides, they must order an acquittal.
Statutory Content
What does Section 255 of BNSS say?
Indian StandardSection 255, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 255 (India)
Court Pleading StandardSection 255 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/255
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 255 of BNSS mean?
Plain English Explanation
This section means that if the judge finds no evidence against the accused after hearing both sides, they must order an acquittal.
Practical Interpretation
In practice, this section ensures that the accused is not unfairly tried or punished without sufficient evidence, upholding the principle of innocent until proven guilty.
Core Legal Purpose
The core purpose is to protect the rights of the accused by ensuring that acquittal is granted when there is no evidence to support the charges, thus preventing miscarriages of justice.
Key Legal Elements
- •The judge must consider all evidence for the prosecution.
- •The accused must be examined and given a chance to defend themselves.
- •The key legal test is whether there is any evidence that the accused committed the offence.
- •A key exception could be if new evidence emerges after the initial acquittal order.
Practical Example
Practical Example of Section 255 BNSS
For instance, Rajesh is accused of theft. After the prosecution presents its case and Rajesh defends himself, the judge finds that there is no credible evidence linking Rajesh to the crime. The judge then records an order of acquittal, dismissing the charges against Rajesh.
Common Questions (FAQ)
Frequently Asked Questions about Section 255 BNSS
Q: What is the consequence of an acquittal under Section 255 of BNSS?
The consequence of an acquittal is that the accused is freed from the charges, and no further legal action can be taken against them for the same offence, unless new evidence emerges.
Q: Does this section apply to private individuals or public entities?
This section applies to any individual or entity accused of an offence under the Bharatiya Nagarik Suraksha Sanhita, regardless of whether they are private or public.
Q: Is the process under this section a criminal or civil matter?
The process under this section is part of a criminal proceeding, as it deals with the determination of guilt or innocence in relation to a criminal offence.
People Also Ask (PAA)
Common Questions about Section 255 BNSS
What is Section 255 of BNSS?
Section 255 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Acquittal". In plain terms: This section means that if the judge finds no evidence against the accused after hearing both sides, they must order an acquittal.
What is the punishment under Section 255 of BNSS?
Section 255 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 255 of BNSS bailable or non-bailable?
Whether Section 255 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 255 of BNSS?
The essential elements of Section 255 of BNSS are: The judge must consider all evidence for the prosecution.; The accused must be examined and given a chance to defend themselves.; The key legal test is whether there is any evidence that the accused committed the offence..
Landmark Case Laws
Landmark Judgments under Section 255 BNSS
Patnahcucisdb94 High Court (10 8)
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