(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).
Bharatiya Nagarik Suraksha Sanhita
Section 271
Acquittal or conviction
⚡ Quick Answer Reference: Section 271 BNSS
- Provision: Section 271 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF WARRANT-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: This section explains how a Magistrate handles cases where someone is accused of a crime. If the accused is found not guilty, the Magistrate records an order of acquittal. If the accused is found guilty, the Magistrate passes a sentence after hearing the accused. If a previous conviction is charged, the Magistrate can take evidence and record a finding, but only after the accused has been convicted.
What does Section 271 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 271 of BNSS mean?
Plain English Explanation
This section explains how a Magistrate handles cases where someone is accused of a crime. If the accused is found not guilty, the Magistrate records an order of acquittal. If the accused is found guilty, the Magistrate passes a sentence after hearing the accused. If a previous conviction is charged, the Magistrate can take evidence and record a finding, but only after the accused has been convicted.
Practical Interpretation
In real-life practice, this section means that a Magistrate must follow a specific procedure when dealing with cases. They must record an order of acquittal if the accused is found not guilty, and pass a sentence if the accused is found guilty. The Magistrate can also take evidence of a previous conviction, but only after the accused has been convicted.
Core Legal Purpose
The core purpose of this section is to provide a clear procedure for Magistrates to follow when handling cases. It ensures that the rights of the accused are protected and that justice is served.
- •A charge has been framed under this Chapter.
- •The accused is found not guilty.
- •The accused is found guilty.
- •A previous conviction is charged under sub-section (7) of section 234.
Practical Example of Section 271 BNSS
Rajesh is accused of a crime under this Chapter. The Magistrate frames a charge against him. After hearing the evidence, the Magistrate finds Rajesh not guilty and records an order of acquittal. In another case, Priya is accused of a crime and found guilty. The Magistrate passes a sentence on her after hearing her on the question of sentence. In a third case, Amit is accused of a crime and a previous conviction is charged. The Magistrate convicts Amit and then takes evidence of the previous conviction, recording a finding thereon.
Frequently Asked Questions about Section 271 BNSS
Q: What is the punishment or consequence under Section 271 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of this section are the recording of an order of acquittal or the passing of a sentence.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the procedure for Magistrates to follow when handling cases under this Chapter.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with the classification of offences. However, as it deals with the procedure for Magistrates to follow, it is likely that the offences under this Chapter are cognizable, as they require the Magistrate to take evidence and pass a sentence.
Common Questions about Section 271 BNSS
What is Section 271 of BNSS?
Section 271 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Acquittal or conviction". In plain terms: This section explains how a Magistrate handles cases where someone is accused of a crime. If the accused is found not guilty, the Magistrate records an order of acquittal. If the accused is found guilty, the Magistrate passes a sentence after hearing the accused. If a previous conviction is charged, the Magistrate can take evidence and record a finding, but only after the accused has been convicted.
What is the punishment under Section 271 of BNSS?
Section 271 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 271 of BNSS bailable or non-bailable?
Whether Section 271 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 271 of BNSS?
The essential elements of Section 271 of BNSS are: A charge has been framed under this Chapter.; The accused is found not guilty.; The accused is found guilty..
What is the IPC equivalent of Section 271 of BNS?
Section 271 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 248 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 271 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 271
Ask Nyaya AI About Section 271
Select a pre-configured prompt to run this section through the grounded research engine.