(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.
Bharatiya Nagarik Suraksha Sanhita
Section 258
Judgment of acquittal or conviction
⚡ Quick Answer Reference: Section 258 BNSS
- Provision: Section 258 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL BEFORE A COURT OF SESSION
- Jurisdiction: India
- Summary: This section explains how a judge gives a judgment after hearing arguments, either acquitting or convicting the accused within 30 to 45 days.
What does Section 258 of BNSS say?
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What does Section 258 of BNSS mean?
Plain English Explanation
This section explains how a judge gives a judgment after hearing arguments, either acquitting or convicting the accused within 30 to 45 days.
Practical Interpretation
In practice, this section ensures that judges deliver judgments in a timely manner, allowing for extensions under special circumstances, and outlines the process for sentencing if the accused is found guilty.
Core Legal Purpose
The core purpose is to establish a timeframe for judges to deliver judgments and to ensure that the sentencing process is conducted fairly and according to law.
- •The judge must hear arguments and points of law.
- •A judgment must be given within 30 to 45 days after the completion of arguments.
- •The key legal test is the requirement for the judge to record reasons in writing for any extension beyond 30 days.
- •A key exception is the provision allowing the judge to proceed under section 401 instead of hearing the accused on questions of sentence.
Practical Example of Section 258 BNSS
Rajesh is accused of a crime under the Bharatiya Nagarik Suraksha Sanhita. After the prosecution and defense present their arguments, the judge must deliver a judgment within 30 to 45 days. If Rajesh is convicted, the judge will hear him on the question of sentence before passing a sentence according to law.
Frequently Asked Questions about Section 258 BNSS
Q: What is the punishment or consequence under Section 258 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the process of judgment and sentencing in cases involving individuals accused under the Bharatiya Nagarik Suraksha Sanhita, without distinction between private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable; it pertains to the procedural aspects of judgment and sentencing.
Common Questions about Section 258 BNSS
What is Section 258 of BNSS?
Section 258 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Judgment of acquittal or conviction". In plain terms: This section explains how a judge gives a judgment after hearing arguments, either acquitting or convicting the accused within 30 to 45 days.
What is the punishment under Section 258 of BNSS?
Section 258 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 258 of BNSS bailable or non-bailable?
Whether Section 258 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 258 of BNSS?
The essential elements of Section 258 of BNSS are: The judge must hear arguments and points of law.; A judgment must be given within 30 to 45 days after the completion of arguments.; The key legal test is the requirement for the judge to record reasons in writing for any extension beyond 30 days..
What is the IPC equivalent of Section 258 of BNS?
Section 258 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 235 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
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